Legal Question in International Law in India

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x company had office in finland but his sub. branch office in india. x company contract y company (y is also a indian company) to supply goods world wide.but x company want jurisdiction in finland.

1. can x make jurisdiction

2. if applicable which law applied.

3. if arbtration clause is not there.


Asked on 4/15/08, 9:57 am

3 Answers from Attorneys

Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: reply

The court where cause of action arises always has jurisdiction and law of the country where court is situated and cause of action arises will apply.

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Answered on 4/16/08, 2:24 am
Vivek Mapara Vivek N. Mapara

Re: reply

Sir,

Jurisdiction cannot be conferred on Courts by execution of agreement. A Court, within whose jurisdiction cause of action has accrued always assumes jurisdiction. So, if the cause of action arises in Finland then Courts at Finland would have Jurisdiction and law of Finland will be Applicable and if the Cause of Action accrues in India, then Courts in India will have jurisdiction and Indian law will be applicable.

To the above rule, there is one exception i.e. arbitration clause. When there is arbitration clause, then the place of arbitration and the law applicable, will the the decided as per the clause in the Agreement.

Feel Free To Contact for any further details and information

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Answered on 4/15/08, 10:16 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: reply

Hello

It all depends on the clause which is mentioned in the contract. If the contract says if any dispute etc arises in Finland then the laws of Finland will be applied and if in India then the Indian Laws will be applied as far arbitration is concerned.

Please contact personally alongwith details for more information.

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Answered on 4/15/08, 2:46 pm


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