The validity, effect and interpretation of an arbitration agreement are governed by its “proper law”. The proper law of an arbitration agreement is usually the same as the proper law of the contract. If, however, there is no express choice of the law governing the contract as a whole, or the arbitration agreement in particular, a presumption may arise that the law of the country where the arbitration is agreed to be held is the proper law of the arbitration agreement.
Titus & Co
The proper law of arbitration decides whether the arbitration clause would equally apply to a different contract between the same parties or between one of those parties and a third party.
The governing arbitration agreement applies to issues such as whether the agreement was concensual or induced by coercion, undue influence, fraud, misrepresentation; or mistake, validity, effect, interpretation and scope of the arbitration agreement.
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Titus & Co Advocates is a full service law firm based in New Delhi. The firm can be contacted at titus@titus-india.com.
Titus & Co
Titus House
R-77A Greater Kailash-I
New Delhi – 110 048
India
Tel: +91 11 2647 5800, 2647 0700, 2628 0100
Fax: +91 11 2648 0300, 2648 9950
Email: titus@titus-india.com; titusco@vsnl.com
