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Yassh Deep Builders Llp vs Sushil Kumar Singh on 1 March, 2024

In Dholi Spintex Pvt. Ltd. vs. Louis Dreyfus Company Pvt. Ltd., 2020 SCC OnLine Del 1476considering the term „Venue‟ used in clause 6 of the agreement learned single judge held that by agreeing to conduct the arbitration through International Cotton Association (ICA for short), parties had agreed that the seat of arbitration would be London and not Delhi even though by Clause 7 the Substantive Law of the contract was Indian Law and parties had agreed to exclusive jurisdiction of the Courts at Delhi. It was held that per clause 6, parties had specifically agreed that any dispute arising out of the contract shall be resolved through arbitration in accordance with International Cotton Association Rules and arbitration procedure, the Signature Not Verified FAO (OS) (COMM) 48/2023 Page 24 of 40 Digitally Signed By:RASHIM KAPOOR Signing Date:05.03.2024 15:11:54 parties had thus agreed to abide by the rules and byelaws of the ICA which provided that the seat of arbitration is in London and the law of England and Wales shall apply to every arbitration and/or appeal under these byelaws. The Court held that Clause 7 entered into between the parties would be relevant if by an agreement both parties decide not to settle their disputes through arbitration but by approaching the Court of law, in which case the exclusive jurisdiction would be of the Courts at New Delhi.
Delhi High Court Cites 35 - Cited by 0 - S Sachdeva - Full Document
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