Recently a very interesting matter M/s.Addhar Mercantile Private Limited Vs Shree Jagdamba Agrico Exports Pvt.Ltd came up before the Hon'ble Bombay High Court where it was asked of the court whether in a situation where both parties are from India but had mutually decided to have the seat of arbitration in Singapore or India under English Law, can an Indian court adjudicate on the dispute ?
After hearing both parties, the Hon'ble Judge opined that as both parties are Indian having been registered in India, the said arbitration cannot be treated as an International Commercial Arbitration as per Section 28(1) of the Arbitration act and therefore Indian law has to be applied.
After hearing both parties, the Hon'ble Judge opined that as both parties are Indian having been registered in India, the said arbitration cannot be treated as an International Commercial Arbitration as per Section 28(1) of the Arbitration act and therefore Indian law has to be applied.
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