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Q and A
Question by:
Harshal Ravalji
Construction Contracts Management

A contract is between two parties,  a foreign company and a company registered under Indian Companies Act. When this contract goes under arbitration or dispute, which jurisdiction does it follow ?

Mohana Raje Expert

Subject Expert

Dr. Mohana Raje - Director

Here goes the explanation..

This is a generic question. The specific answer will depend on a no. of factors like

  1. Is there an Arbitration agreement between the parties
  2. If there is an Arbitration agreement, and no jurisdiction stated where was the contract performed?
  3. Which dispute is arbitrable?
  4. Are the parties proper and necessary parties to the agreement?

Since the information provided is incomplete, there should be a specific question, as there can be different answers to different situations arising out of such a contract.

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A contract is between two parties,  a foreign company and a company registered under Indian Companies Act. When this contract goes under arbitration or dispute, which jurisdiction does it follow ?

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