Relationship Between Lex Fori & Lex Arbitri

Lex Fori means the law of Court in which the proceeding is brought whilst Lex Arbitri is the law of the place where the arbitration takes place.

The Hon'ble Supreme Court of India in the case of Imax Corporation vs. E City Entertainment India Private Limited decided on 10 March 2017 (Civil Appeal No. 3885 of 2017) has affirmed the significance between of the relationship between the Lex Forti and Lex Arbitri upholding that the parties intended expressly exclude themselves from Part-I of the Arbitration & Conciliation Act, 1996.

FACTS OF THE CASE:

On 28.09.2000, the Petitioner and the Respondent entered into an agreement for supply of large format projection systems for cinema theatres to be installed all across India.