Question

Would you conclude that arbitration under the ICC is under Indian law?

Would you conclude that arbitration under the ICC is under Indian law?

Homework Answers

Answer #1

No, the arbitration under the ICC is not under Indian law. Although the contract mentioned that the laws applicable to the contract shall be the laws in force in India in the specific case, however it is not applicable apply globally. A forum selection clause in a contract is a provision that fixes in advance the jurisdiction wherein the disputes will be litigated or arbitrated. International Chamber of Commerce is an international organization which rules international laws to nations participating in global commercial activities. Indian law is domestic law and mainly applicable to domestic commercial activities in the territory of India. Thus as per the rules of the ICC to choose London as the place of arbitration, the British law is the appropriate arbitration law, and all legal proceedings are governed by the United Kingdom laws.

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