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Can Two Indian Parties Choose Foreign Law To Govern Their Arbitration Agreement? The Delhi High Court Answers In The Affirmative - Litigation, Mediation & Arbitration

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

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