Advice on Governing Law clause?

Question

I have a contract with a company which is in NY. I am performing services for them from India. The contract which I have with them says the governing law(choice of forum) in case of conflict will be NY. Can I do something about it in India? Does performing my work from India gives me some protection under India law irrespective of the governing law mentioned as that of NY?

Any help would be greatly appreciated.

Answer 1

A court in India can apply NY law.  happens all the time. Your two phrases, choice of governing law and choice of forum, are NOT the same thing.  Governing law clause governs the substance and the choice of forum clause governs the place of the suit but not the substantive law.   In a contract dispute, there is an argument available that one who first breaches can no longer enforce any clause in the contract, including the choice of law clause.  

Answer 2

.   You can not switch it to India until the next time you renew your contract.