(1) The parties are free to agree on the place of arbitration.
(2) Failing any agreement referred to in sub-section (1), the place of arbitration shall be determined by the arbitral tribunal having regard to the circumstances of the case, including the convenience of the parties.
(3) Notwithstanding sub-section (1) or sub-section (2), the arbitral tribunal may, unless otherwise agreed by the parties, meet at any place it considers appropriate for consultation among its members, for hearing witnesses, experts or the parties, or for inspection of documents, goods or other property.
Legal Commentary & Landmark Judgments: Section 20
Section 20 of the Arbitration and Conciliation Act, 1996 distinguishes between the 'place/seat' of arbitration (which determines curial jurisdiction and supervisory courts) and the mere 'venue' of hearings (convenient meeting place).
In contracts, use unambiguous phraseology: 'The seat of arbitration shall be New Delhi, and the courts at New Delhi shall have exclusive jurisdiction'; avoid combining conflicting 'venue' and 'jurisdiction' clauses that trigger jurisdictional disputes under BGS SGS SOMA.