Legal Question in Business Law in India

If a contract is drafted in U.S. signed in China and executed in India between a company in U.S. and another company having its business in India regarding some outsourcing business. If U.S. company breach the contract than how could company in India bound the U.S. company to oblige the contract or pay the damages or under what law forum? Though there is a clause that \"all dispute arising from the contract shall be subject to jurisdiction and law of\" Indian courts and forum\" but how this clause would affect the party sitting in U.S. to comply with the terms.


Asked on 7/13/10, 11:28 am

1 Answer from Attorneys

If the contract does not have the Arbitration Clause( Which should have been there) but is having only the the clause " all disputes arising from the contract shall be subject to jurisdiction and law of Indian courts and forum" then you can deffinatly approach the court of law in india ( depending on the nature of dispute). The US party shall be bound by the proceedings carried on India against them.

Had there been an Arbitration clause in the contract then also Arbitration couyld have been conducted in India and an Arbitration award be binding on the parties.

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Jeevesh Mehta

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Answered on 7/13/10, 11:30 pm


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