Legal Question in Business Law in India

Dear Sir,

Please let me know that while signing an NDA with my vendor, can i keep both arbitration and courts as the dispute resolution mechanism in the NDA? Or I should keep only any one in the NDA.

Please clarify me in this regard.

Thanks,

Prasad.


Asked on 10/25/16, 6:27 am

2 Answers from Attorneys
Kanti Mohan Rustagi

You can keep either arbitration or court jurisdiction, however, in case you choose arbitration as a dispute resolution mechanism, you may like to keep court jurisdiction for certain specific contingencies like interim relief, appointment of arbitrator in the event of no consensus between the parties etc. So, the two clauses must be drafted and agreed upon judiciously. For more details, please contact us at: [email protected] or at 011-40539766/41580222

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Answered on 10/25/16, 6:42 am
Fca Prashant Chavan Expert Edge LLP

25.10.2016

Dear Sir / Madam,

Yes, you can retain both the dispute resolutions mechanisms in the Non Disclosure Agreement (NDA).

Regards,

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Answered on 10/25/16, 7:46 am


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