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presumption rebuttable having regard to
true intention of parties-Proper law of contract-What is-
Doctrine of renvoi-Applicability ... Words & Phrases :
'Proper Law of Contract'-Meaning of.
HEADNOTE:
The appellant Corporation and Respondent Company
entered into two agreements
Supreme Court of India
English and Continental schools of thought-Lex
situs and "Proper Law" of contract-Partition of India-Post
partition debt- Action ... closest and most real connection. Accordingly, the
"proper law of the contract" was the Lyallpur Law;
(3) Under the English
Supreme Court of India
been chosen, the proper law will be
the domestic law of England and the proper law must ... contract, and there cannot be a "floating"
proper law. [900D]
Gienar v. Meyer
Supreme Court of India
consideration in cases of
this kind.
(1) The proper law of the
underlying contract i.e. the law
governing ... which the dispute has arisen.
(2) The proper law of the
arbitration agreement, i.e. the law
governing rights
Supreme Court of India
laws of England and Wales, which is the
proper law governing the Arbitration Agreement,
the Courts of England and Wales ... include the law governing the
substantive contract or the proper law of
12
contract, or the law governing the agreement
Supreme Court of India
respects be construed and governed according to Indian laws.32.4 It is
clearly understood, that the total consideration ... regulated and decided in terms of the Indian laws only.The
appellant also raised counter claims and it informed
Delhi High Court
citations: AIR 1994 Delhi 75, 1993 (27) DRJ 562, ILR 1994 Delhi 131
Author: A D Singh
Bench ... law of the country where the award was
made; or
(ii) that party was not given proper notice
Delhi High Court
four Agreements contained the following terms
dealing with the proper law of the Agreements and provisions for the
arbitration ... contract, the law in
force in India is the "proper law of contract" in the present case. The
term "proper
Bombay High Court
according to recognised
principles of private international law, the "proper law" that governs
the disposition of movable property ... domicile" of the deceased; that the concept of the "proper law" of
the disposition or devolution regulating the passing
Karnataka High Court
submission,
the applicable law or proper law of contract may be laws of Indian
Republic but that by no stretch ... Section 34 of the
1996 Act, merely because substantive law/proper law of contract was
Indian law. That would, according
Bombay High Court
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