Hybrid journal (It can contain Open Access articles) ISSN (Print) 1753-6235 - ISSN (Online) 1753-6243 Published by Inderscience Publishers[450 journals]
Authors:Debasri Chakraborty, Mousumi Khanra, Arup Kr Nandi Pages: 125 - 136 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 (CPC) 1908, with there being no particular provision to regulate the enforcement of forum-selection clauses <i>in international matters</i>. 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. Keywords: HCCA; Indian private international law; choice of court agreement; exclusive jurisdiction Citation: International Journal of Private Law, Vol. 9, No. 3 (2019) pp. 125 - 136 PubDate: 2019-03-04T23:20:50-05:00 DOI: 10.1504/IJPL.2019.098095 Issue No:Vol. 9, No. 3 (2019)
Authors:Debasri Chakraborty, Mousumi Khanra, Arup Kr Nandi Pages: 137 - 154 Abstract: The establishment of the World Trade Organization in 1994 has accelerated the growth of international trade activities, which is worth up to US$1 trillion per year according to the WTO Annual Report 2014. Indonesia, as one of the developing countries, also considers international trade as their important pillar to support economic growth. However, the challenge is to balance national interest and Indonesian commitment to international trade law under the WTO framework into Indonesian legal policy. This challenge was shown in the newest Indonesian Mining Policy in 2009, which obligated every mining company to strive added value for their mineral ore. Consequently, mining industries in Indonesia will no longer be able to export their mineral ore. From the Indonesian Government's perspective, the objective of this policy is to maximise added value from mining industries which might be considered by other states as a restriction type of export policies. Keywords: international trade law; domestic policy; developing country; natural resources; World Trade Organization; WTO Citation: International Journal of Private Law, Vol. 9, No. 3 (2019) pp. 137 - 154 PubDate: 2019-03-04T23:20:50-05:00 DOI: 10.1504/IJPL.2019.098106 Issue No:Vol. 9, No. 3 (2019)