an agreement is entered into between a indian company and foreign company. accoriding to the agreement in case of dispute the Singapore court will have jurisdiction. apllicablity of this clause?
parvathy (nil) 09 June 2011
an agreement is entered into between a indian company and foreign company. accoriding to the agreement in case of dispute the Singapore court will have jurisdiction. apllicablity of this clause?
pervez (adviser) 09 June 2011
Dear,
There are divergent views on the issue of invocation of jurisdiction of a particular court. In ABC Laminates Pvt. Ltd. Vs A.P.Agencies 1989 SC, it has been held that in case the dispute has arisen under the jurisdiction of more than two court, the parties can decide upon invoking the jurisdiction of one particular court. The rule of equity says that if both the parties have agreed, at the of entering into an agreement, regarding invoking a particular court of a county, it should be respected, unless there is some element of fraud or cheating or misrepresentation of facts.
regards
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