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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.

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...

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