Arecent judgment by the Supreme Court of India has raised an interesting issue of jurisdiction based on the case of Shivnath Rai Harnarain (India) Ltd v M/s AG Abdul Rehman.
The parties had entered into an agreement which contained a clause that provided for the settlement of disputes through the Indian Council of Arbitration in Delhi. Both parties agreed that if a dispute were to arise, they would resolve it either in Singapore or the UK, and allow the arbitration agreement to be governed by Indian law.
In an attempt to resolve a dispute that had arisen, the parties, through a settlement agreement, mutually appointed Samuel J Marshall as the sole arbitrator and further agreed that the agreement would be governed by Indian law.
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Krrishan Singhania is the managing partner and Ranbir Krishan is an attorney at Singhania & Co, a Mumbai-based law firm. Singhania has 20 years of experience in some of the firm’s core practice areas, which include arbitration, litigation and dispute resolution, aviation, and intellectual property.
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