Legal Question in International Law in Indiana
applicability of law
which country's law shall be applicable, if an agreement is to be executed between 2 companies from different countries? will it be the country where services are being rendered ? if yes then please provide the legal section / provision for the same. in the above case, services shall be rendered in India.
1 Answer from Attorneys
Re: applicability of law
If the contract is silent as to choice of law, the conflicts of laws principles of the jurisdiction where suit is filed will govern. That may vary from jurisdiction to jurisdiction. In some US states, it is the place where the contract is executed by the last party to execute it; in others, it is the place with the most significant relationship to the contract (which may be, but is not necessarily, the place of performance). I do not know what the Indian courts would do, but a cynic would say that any flexible standard simply allows the court to apply whatever law it chooses, which more often than not would be its own law. Choice of law can be a complex issue and can affect where a party would want to file suit.
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