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Rucha Pawar   08 May 2024

Enforcement of agreement where overseas laws are applicable

Dear Sirs,

We have executed one agreement wherein the company and farmers are 2 different parties to contract in india and the third party is from  another country. this agreement is governed by laws of england and wales.

My query is that in future if farmer breaches the agreement indin, can company, enforce the agreement in indian court .



Learning

 6 Replies

P. Venu (Advocate)     08 May 2024

Any suggestion depends upon the terms of the agreement. Generally, such agreements provide for arbitration..

1 Like

Mr. Sumitra kumar (Advocate)     08 May 2024

Depends upon the contents of the agreement. Agreed with the above opinion.

 

Thank you.

1 Like

T. Kalaiselvan, Advocate (Advocate)     08 May 2024

The arbitration clause if inserted in the agreement will play a pivotal role in this 

Hence the agreement papers are to perused to render more proper opinion in this connection

1 Like

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     09 May 2024

An arbitration clause forms the basis of the consent between investors and States that certain disputes are to be determined by arbitration. This consent is what gives rise to the jurisdiction of the arbitral tribunal

1 Like

Rucha Pawar   09 May 2024

Dear Sir,(s)

Thanks for your response. We will definately consider incorporating Arbitration Clause in the agreement, but what if at the local level , farmers breaches the agreement by selling the fruit variety to any third party other than the company in india, as per CPC provisions cant we file litigation at district level against the farmer? ,Based on the cause of action arising in India, will the Indian courts not recognize the agreement?

T. Kalaiselvan, Advocate (Advocate)     11 May 2024

You can file a suit for compensation towards the loss caused by them by breaching the contract conditions in the local civil court if the local farmers violate the conditions of contract. 

1 Like

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