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Under the Indian proper-law approach, how is the governing law of a private international commercial…

For a private international commercial contract, the forum’s choice-of-law rules examine the parties’ express or inferred choice and, failing that, the system of closest and…

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Under the Indian proper-law approach, how is the governing law of a private international commercial contract identified when parties from different countries make no express choice?

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For a private international commercial contract, the forum’s choice-of-law rules examine the parties’ express or inferred choice and, failing that, the system of closest and most real connection. Place of conclusion or performance is relevant but not automatically decisive. An agreement between sovereign countries governed by public international law is a different legal category.

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