Hi to all
In case where both the contracting parties are from india, can they submit the governing law and jurisdiction of the contract of any other country other than india?
Its urgent, i would appreciate if someone can give me some websites from where i can download informations related to contracts and agreements?
Regards
Prasad
From India, Mumbai
1In case where both the contracting parties are from india, can they submit the governing law and jurisdiction of the contract of any other country other than india?
Its urgent, i would appreciate if someone can give me some websites from where i can download informations related to contracts and agreements?
Regards
Prasad
From India, Mumbai
Hi Prasad,
The information provided below may help to answer your question.
A volume of laws will be used to settle or fix on the dispute. Governing law clause in contracts makes it very clear which law will govern the Contract. Without Governing Law it can be very difficult to determine which law should be used to adjudicate the legal issues or disputes.
If the parties to the contract do not indicate which law applies to their obligations or contracts or if the circumstances arises in tort or some other area of law where the parties do not have an opportunity to specify the choice of law, the court will use other choice of law rules to determine what the governing law is.
These rules are designed to ensure that the jurisdiction with the greatest interest in deciding the dispute is able to apply its law. For eg., Australian and American entered into contract and both agreed to provide and receive services from their respective countries. However, they have to mention in the contract about the law which will govern their contract. Or else it will lead to ambiguity and the court need to interfere to decide the jurisdiction to trail the case or dispute.
Note: If any counterparts likes to add up to this please go ahead.
From India, Bangalore
The information provided below may help to answer your question.
A volume of laws will be used to settle or fix on the dispute. Governing law clause in contracts makes it very clear which law will govern the Contract. Without Governing Law it can be very difficult to determine which law should be used to adjudicate the legal issues or disputes.
If the parties to the contract do not indicate which law applies to their obligations or contracts or if the circumstances arises in tort or some other area of law where the parties do not have an opportunity to specify the choice of law, the court will use other choice of law rules to determine what the governing law is.
These rules are designed to ensure that the jurisdiction with the greatest interest in deciding the dispute is able to apply its law. For eg., Australian and American entered into contract and both agreed to provide and receive services from their respective countries. However, they have to mention in the contract about the law which will govern their contract. Or else it will lead to ambiguity and the court need to interfere to decide the jurisdiction to trail the case or dispute.
Note: If any counterparts likes to add up to this please go ahead.
From India, Bangalore
Dear Friend,
The governing law and jurisdiction of the contract is depend on the following:
1) Place of Execution of the contract.
2) Place where parties are residing.
In case both the parties are residing in India and the contract is going to be execute in India only then in no case the governing law of other country will applicable.
Regards
From India, Vadodara
The governing law and jurisdiction of the contract is depend on the following:
1) Place of Execution of the contract.
2) Place where parties are residing.
In case both the parties are residing in India and the contract is going to be execute in India only then in no case the governing law of other country will applicable.
Regards
From India, Vadodara
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