Courts Supreme Court
Supreme Court: High Court appointing arbitrator does not fix arbitration seat
This case concerns a dispute over whether the High Court that appointed an arbitrator automatically becomes the 'seat' of arbitration, thereby excluding other courts from jurisdiction.
The Supreme Court determined that the location of the appointing High Court does not define the arbitration seat if the parties did not agree to it.
Who it concerns: Appellants: Mahanadi Coalfields Ltd & Ors.; Respondent: M/s GSCO (Gurmeet Singh and Company) Infrastructure Pvt. Ltd.; Bench: Justice Sanjeev Sachdeva and Justice Sanjay Kumar.
What the court decided
- Allowed the appeal filed by Mahanadi Coalfields Ltd.
- Set aside the High Court's order dated 20.06.2025 which had dismissed the Section 34 petition for lack of jurisdiction and limitation.
- Restored the Section 34 petition on the file of the District Judge, Sundargarh.
- Directed the District Judge, Sundargarh to decide the petition in accordance with law expeditiously.
Also in the document
- The Court clarified that there is a distinction between the 'seat' (juridical location) and 'venue' (physical location) of arbitration.
- The Court held that the mere appointment of an arbitrator by a High Court does not make that High Court's location the seat of arbitration.
- The Court noted that the High Court exercises jurisdiction over the entire state, not just the district where it is physically situated.
- The Court found the High Court's finding on limitation to be erroneous, as the petition was filed within the statutory period.
How this was written
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The original document
Supreme Court of India — orders & judgments
Court order · 23 Sep 2026
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