Hakam Singh v. Gammon (India) Ltd [1971 SCR (3) 314] examined the contractual validity of the choice of forum clauses. In that case, the petitioner went to the Court of Justice of the varanasi subordinate judge for an order referring the parties to arbitration. The contract between the parties was conditional on the Courts of Mumbai being solely competent. The Tribunal found that the entire plea of the appeal had been lodged in Varanasi and that the parties could not, by mutual agreement, confer jurisdiction on the Bombay courts that they did not otherwise have. In the course of considering this case, the Supreme Court found that if two courts were competent to try a dispute, a decision of a court by appointment would not constitute a limitation of judicial proceedings or a violation of public order, in accordance with paragraphs 28 and 23 of the Contracts Act. However, the parties could, by mutual agreement, delegate jurisdiction to a court that would otherwise not be legally competent to rule on the dispute. This position was reaffirmed in subsequent Supreme Court decisions. 3. If there is agreement on the application of one of the procedures covered by Article 287, paragraph 1 of the 1982 United Nations Convention on the Law of the Sea, the provisions of Part XV of this Convention relating to the chosen procedure would apply mutatis mutandis. The creditors argued that the FCC`s argument was hopeless because it was not a case where there were competing jurisdiction clauses. The case of the delay was clearly presented in the notes which contained a jurisdictional agreement in favour of the English courts. 3.
Any such dispute, which is not resolved in this way, is subject, with the agreement of all parties to the dispute, to the International Court of Justice, to the International Tribunal of the Sea after the 1982 United Nations Convention on the Law of the Sea came into force or to arbitration. In the event of a non-agreement on the referral to the International Court of Justice, the International Tribunal for the Law of the Sea or arbitration, the contracting parties continue to cooperate in reaching a settlement of the dispute in accordance with the rules of international law governing the conservation of marine biological resources.