insertion of arbitration clause under Indian Law
N.J. MISHRA
(Querist) 28 December 2010
This query is : Resolved
the company is shipping company having its head office at Singapore and other office at Mumbai, Chennai, Kochi, Kolkata, Delhi, Patna, Dehradun, Pune,Jamnagar.
the company execute a employment contract with the seaman when they are appointed on a contract basis.
there is one clause in the contract that "by signing the contract you also agree to Singapore Law governing all matters arising from this contract and all claims are subject to the jurisdiction of the court of Singapore"
By insertion of this clause can company inserty arbitration clause under Indian Arbitration and Conciliation Act because there is one more clause which shows that if the seaman is not covered with any agreement or insurance then the company will pay the compensation according to Workmen's Compensation Act, 1923. kindly suggest whther Arbitration clause under Indian Law can be inserted or not.
Devajyoti Barman
(Expert) 29 December 2010
The circumstances you have mentioned the law which would bind the parties in matters of arbitration is UNCITRAL- United Nations Commission On International Trade Law. Our own Arbitration and Conciliation Act 1996 is also enacted on line of the model law of UNCITRAL.
N.J. MISHRA
(Querist) 29 December 2010
Thank You Mr. Barman, can you provide me the draft of arbitration clause under UNICITRAL
ashish lal
(Expert) 29 December 2010
First of all your jurisdiction clause has a flaw. It does not oust jurisdiction of Indian court.
Secondly if you are inserting an Indian Law, then it could be implied that the contract is also subject to Indian Laws
