arbitration and concilliation

Ambika.S (Querist) 28 July 2008 This query is : Resolved
There is a contract between X & Y and in the term of contract there is a clause for arbitration. The said clause states that in the event of differences either parties to the contract may call for arbitration and both parties are bound to sit for arbitration and a venue is fixed. The place of contract is different and the place of arbitration is outside the jurisdiction of the parties to contract. For example the place of contract is Bangalore and the place of arbitration is Mangalore.
The parties to the contract had difference of opinion. Both parties were not aware that place of arbitration place was typographical error.
In such a circumstances whether either one party oppose for sitting for arbitration in a place different jurisdiction?

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Guest (Expert) 28 July 2008
In such situation, the place where the contract was completed will be the only place where abitration is to be held. Agian there can be mutual consent in respect o f place also.

tarun (Expert) 28 July 2008
Objections can be raised only before the court of caw ( of proper jurisdiction ) or
can be decided / amended mutually
or ,
the new venue can be decided between the parties at the already decided place i.e after the initial hearing at manglore the venue can be changed with the discretion of the arbitrator

H. S. Thukral (Expert) 28 July 2008
There is no bar on Arbitration Tribunal to meet at a place other than one agreed between the parties. However in deciding a place other than one agreed upon, convenience of parties would be looked into and an arbitrary decision can not be taken.

anantha krishna n.v. Advocate (Expert) 29 July 2008
let the arbitration tribunal be constituted first without objections so that they can avoid going before high court under Sec.11(6) of A& C Act. Then the place of arbitration can be requested before the tribunal.

anantha krishna n.v. (Advocate AP High Court, Hyderabad, 9246531895)

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