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Companies Law - Highlights / Catch Notes

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Arbitration - The jurisdiction clause of an agreement, the ...


Jurisdiction Clauses Don't Need "Exclusive" Terms to Indicate Court Choice, Reflects Parties' Intentions in Agreements.

July 25, 2013

Case Laws     Companies Law     SC

Arbitration - The jurisdiction clause of an agreement, the absence of words like “alone”, “only”, “exclusive” or “exclusive jurisdiction” is neither decisive nor does it make any material difference in deciding the jurisdiction of a court. The very existence of a jurisdiction clause in an agreement makes the intention of the parties to an agreement quite clear and it is not advisable to read such a clause in the agreement like a statute. - SC

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