The Shashoua Principle has been followed repeatedly in a series of decisions [See, BGS SGS Soma JV v. National Hydro Electric Power Corporation Ltd., 2020 (4) SCC 234]. Court, in facts of this case, is of opinion, it is inessential to explain or notice difference between ‘venue’ and ‘seat’.

– Hon’ble Justice S. Ravindra Bhat, NV Engineering v. Jindal Drugs Limited, [Civil Appeal No. 8607].

Also see, M/s. Inox Renewables Ltd. v. Jayesh Electricals Ltd., [Civil Appeal No. 1556 of 2021] decided on 13.04.2021 and BBR India Private Limited v. S.P. Singla Constructions Private Limited, [Civil Appeal Nos. 4130-4131 of 2022] decided on 18.05.2022.

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BGS SGS Soma JV v. NHPC Ltd., (2020) 4 SCC 234 held, wherever in an Arbitration Agreement there is designation of a place of Arbitration as ‘venue’ of Arbitral Proceedings, such place effectively is ‘seat’ of Arbitration.

The aforesaid test was approvingly applied by this Court in Mankastu Impex Private Ltd. v. AirVisual Ltd., (2020) 5 SCC 399.  

The sum and substance of Arbitration is derived from choices of parties and their intentions contained in an Arbitration Agreement. It is Court’s duty to give weight and due consideration to each choice made by parties and to construe an Arbitration Agreement in a manner that aligns most with such stipulations and intentions.

– Hon’ble Justice J.B. Pardiwala, M/s. Arif Azim Co. Ltd. v. M/s. Micromax Informatics FZE, [Arbitration Petition No. 31 of 2023] decided on 07.11.2024.