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It is always beneficial to institute a suit where you have the home advantage, in terms of convenience and cost. In your case, the jurisdiction of the Indian Courts is advisable. However, while drafting the choice of jurisdiction clause in your agreement, make sure that it is an ‘exclusive’ clause. In case it is construed as a non-exclusiv...
Wazzeer Professional Network
ProfessionalSir, I intend to start a business with a particular product in India, and the supplier of that product is from Australia. The supplier has agreed for supplying and all other terms are agreed by both of us and the same have been drafted into an Agreement Cum Contract between us. Now the problem is just before signing the agreement, I have come to know that the supplier has past history of cheating activity and now my Advocate suggests that it is not safe to enter into a contract with that particular person. But in order to ensure the protection of my business from other competitors, I should enter into an agreement with him. In this scenario, my Advocate suggests that it would be better to keep the Indian Courts for Dispute Resolution and the General Customary is to opt for Arbitration in such Agreements.
Now to make it simple my questions are:- 1.) To what Jurisdiction should we subject our disputes to? 2.) If we opt for Indian Jurisdiction, what are the possibilities for success incase I sue him? (He doesn't have any business or properties in India) 3.) If we opt for Australian Jurisdiction, are they possibilities of him fraudulently suing me? 4.) Even if we opt for Indian Jurisdiction, are there any possibilities for him to sue me in Australian Courts fraudulently? Kindly answer the above probabilities and such other probabilities as you may deem necessary for me to know.
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Wazzeer Professional Network
ProfessionalIt is always beneficial to institute a suit where you have the home advantage, in terms of convenience and cost. In your case, the jurisdiction of the Indian Courts is advisable. However, while drafting the choice of jurisdiction clause in your agreement, make sure that it is an ‘exclusive’ clause. In case it is construed as a non-exclusive clause, the Australian can exercise jurisdiction over the suit, irrespective of the clause. The supplier may try to institute a case fraudulently; however, in case where exclusive jurisdiction clause exists, the Australian Courts will be hard pressed to look into the matter and will most likely stay the proceeding.
Enforcement of decision: In case you sue and subsequently succeed, the judgment of the Indian Court will be enforceable as a foreign judgment in Australia under the common law. For this, you would have to establish the following:
- The parties are the same parties as in the foreign judgment.
- The judgment is for a fixed debt – payment for a definite sum of money.
- The foreign judgment is final and conclusive – that is, it is determinative of the rights and obligations of the parties.
The foreign court had and validly exercised jurisdiction over the defendant and the defendant submitted to the foreign jurisdiction.
In case you need any support in legal or accounting or secretarial works, things can be consulted and delivered seamlessly on Wazzeer platform -> "Get Started!"
over 4 years ago
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Sir, I intend to start a business with a particular product in India, and the supplier of that product is from Australia. The supplier has agreed for supplying and all other terms are agreed by both of us and the same have been drafted into an Agreement Cum Contract between us. Now the problem is just before signing the agreement, I have come to know that the supplier has past history of cheating activity and now my Advocate suggests that it is not safe to enter into a contract with that particular person. But in order to ensure the protection of my business from other competitors, I should enter into an agreement with him. In this scenario, my Advocate suggests that it would be better to keep the Indian Courts for Dispute Resolution and the General Customary is to opt for Arbitration in such Agreements.
Now to make it simple my questions are:- 1.) To what Jurisdiction should we subject our disputes to? 2.) If we opt for Indian Jurisdiction, what are the possibilities for success incase I sue him? (He doesn't have any business or properties in India) 3.) If we opt for Australian Jurisdiction, are they possibilities of him fraudulently suing me? 4.) Even if we opt for Indian Jurisdiction, are there any possibilities for him to sue me in Australian Courts fraudulently? Kindly answer the above probabilities and such other probabilities as you may deem necessary for me to know.
-
Wazzeer Professional Network
ProfessionalIt is always beneficial to institute a suit where you have the home advantage, in terms of convenience and cost. In your case, the jurisdiction of the Indian Courts is advisable. However, while drafting the choice of jurisdiction clause in your agreement, make sure that it is an ‘exclusive’ clause. In case it is construed as a non-exclusive clause, the Australian can exercise jurisdiction over the suit, irrespective of the clause. The supplier may try to institute a case fraudulently; however, in case where exclusive jurisdiction clause exists, the Australian Courts will be hard pressed to look into the matter and will most likely stay the proceeding.
Enforcement of decision: In case you sue and subsequently succeed, the judgment of the Indian Court will be enforceable as a foreign judgment in Australia under the common law. For this, you would have to establish the following:
- The parties are the same parties as in the foreign judgment.
- The judgment is for a fixed debt – payment for a definite sum of money.
- The foreign judgment is final and conclusive – that is, it is determinative of the rights and obligations of the parties.
The foreign court had and validly exercised jurisdiction over the defendant and the defendant submitted to the foreign jurisdiction.
In case you need any support in legal or accounting or secretarial works, things can be consulted and delivered seamlessly on Wazzeer platform -> "Get Started!"
over 4 years ago
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