Marked 1 month 5 days ago onto How Indian Contract Dispute Lawyers Assist UK and USA Businesses in Overcoming Jurisdiction Challenges in Cross-Border Disputes with their Indian Counterparts-1
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Introduction
Contracts between Indian firms and businesses in the UK or the USA can get complicated fast. One major issue is figuring out which courts or arbitration bodies have power over disputes. Indian jurisdiction rules aren't always straightforward. This article breaks down how Indian courts and arbitration panels decide jurisdiction, with practical tips for UK and US clients dealing with contract conflicts involving Indian parties.
Jurisdictional Challenges in Indian Contract Disputes
* Indian courts typically maintain jurisdiction over contracts governed by Indian law, even if the arbitration clause designates a foreign venue.
* The Supreme Court, in the case of Disortho SAS v Meril Life Sciences [(2025) SCC OnLine SC 123], reaffirmed the authority of Indian courts in disputes governed by Indian law, despite the presence of arbitration clauses favoring foreign seats.
* This decision makes clear that parties cannot easily circumvent Indian jurisdiction when the contract specifies Indian law as the governing framework.
Key Legal Provisions
* Section 11(6) of the Arbitration and Conciliation Act, 1996, regulates the appointment of arbitrators as well as matters related to jurisdiction. The recent amendments (2019, 2024) emphasise timely appointment and limit arbitrators' powers to the contract terms (NBCC (India) Ltd. v. Zillion Infraprojects (P) Ltd., 2024) 7 SCC 174).
* Indian Contract Act, 1872 (Sections 73, 75) and Specific Relief Act, 1963 (amended 2018) provide remedies for breach and enforcement of contracts.
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