I. Bombay High Court decision on arbitration between two Indian
parties
The Bombay High Court in the recent case of Addhar
Mercantile Private Limited v. Shree Jagdamba Agrico Exports Pvt.
Ltd., has considered the issue as to whether two Indian
parties choosing a foreign seat of arbitration and a foreign law
governing the arbitration agreement may be construed to be
contracting out of Indian law.
The parties had entered into an agreement whereby disputes
between them were to be referred to arbitration and the arbitration
clause included the following language: "Arbitration in
India or Singapore and English law to be apply."
When dispute arose between the parties, Addhar filed an
application under Section 11(6) of the Arbitration and Conciliation
Act,1996 (the Arbitration Act) for appointment of an arbitrator as
well as a petition under Section 9 of the Arbitration Act seeking
interim reliefs. Shree Jagadamba opposed both the applications.
Application under
