Can Two Indian Parties Choose Foreign Law To Govern Their Arbitration Agreement? The Delhi High Court Answers In The Affirmative - Litigation, Mediation & Arbitration : vimarsana.com
Introduction: Recognising that an arbitration agreement between parties is an agreement independent of the substantive contract, the Delhi High Court in Dholi Spintex Pvt. Ltd. v. Louis Dreyfus Company India Pvt. Ltd. 1 has held that two Indian parties can choose a foreign law as the law governing the arbitration between them. The Court has also reiterated the legal position on limited interference by Courts in international arbitrations. Factual Background: Plaintiff") had entered into a contract with Louis Dreyfus Company India Pvt. Ltd. (the " Defendant") for supply of 600 metric tonnes of American imported raw cotton on May 30, 2019 (" Contract"). The Contract was entered