Please use this identifier to cite or link to this item: http://hdl.handle.net/10739/1602
Title: The Hague Convention on choice of court agreements and the enforcement of forum-selection clauses In Indian private international law
Authors: Khanderia, Saloni
Keywords: Hague Convention on Choice of Court Agreements
Indian private international law
choice of court agreement
exclusive jurisdiction
Issue Date: 29-Jul-2017
Publisher: INDERSCIENCE
Citation: (ACCEPTED) TO BE PUBLISHED
Abstract: The Hague Convention on Choice of Court Agreements (the HCCA) that came into effect on 1 October 2015, fundamentally regulates forum-selection clauses in international civil and commercial agreements and the manner in which, the courts of Contracting States shall enforce them. Although India is a Member of the Hague Conference, it is yet to sign and ratify the HCCA. In the domestic realm, matters pertaining to jurisdiction are governed in India by the Code of Civil Procedure 1908 (CPC), with there being no particular provision to regulate the enforcement of forum-selection clauses in international matters. This article rummages to find whether Indian courts correspondingly enforce forum-selection clauses in international civil and commercial agreements, so as to suspend or dismiss proceedings in circumstances where the parties have made a choice in favour of an international court. Accordingly, it demonstrates the basis on which, Indian courts would uphold exclusive choice of court agreements in international civil and commercial matters, to draw the complementarities, if any, that exist in this respect, between the HCCA and Indian private international law.
URI: http://hdl.handle.net/10739/1602
Appears in Collections:JGU Research Publications

Files in This Item:
File Description SizeFormat 
Forum-selection clauses, the HCCA and Indian PIL (3).pdfmain article207.01 kBAdobe PDFView/Open    Request a copy


Items in DSpace are protected by copyright, with all rights reserved, unless otherwise indicated.