Maharashtra: Is agreement is valid in india with england court specific law

[suhascomp]

Hi Sir,

I am making agreement with another company regarding software service in india.
I purchased contract agreement related to my software matter from england. In that agreement some law stated from english court related with the software. Is it possible that law i can be applicable in india.

Please help me.

Regards,
Suhas

[AFFA]

I wish to inform you that in international agreement party can choose foreign law but however this clause can be declared as void if it is opposed to public policy. In TDM Infrastructure Private Limited v UE Development India Private Limited, Arbitration Application No. 2 of 2008 (Supreme Court of India, 14 May 2008) the Indian Supreme Court appears to have set down a rule that, as a matter of Indian public policy, Indian nationals contracting between themselves are not permitted to contract out of the application of Indian law.

AFF

[Friend In Court]

Originally Posted by suhascomp Hi Sir, I am making agreement with another company regarding software service in india. I purchased contract agreement related to my software matter from england. In that agreement some law stated from english court related with the software. Is it possible that law i can be applicable in india. Please help me. Regards, Suhas

A contract is governed by the law of the country where it was executed. In case of dispute, that nation's laws will be applied -- no matter where it was brought.

The law of England governs the contract and it should be accepted in India.