Agreement execution date
ars
(Querist) 22 June 2017
This query is : Resolved
in a recent case of the company -
the distributor agreement had a clause of "jurisdiction at Mumbai only, for any dispute resolution."
however, the agreement was executed on the same day at Mumbai( by co.) and Banglore (signed by stockist). the matter dragged by the stockist lawyer on this point, since the signature was done on different dates.
will it be a good practice, in such an agreement, to have the jurisdiction clause as stated above and execution date and place to be mentioned by the parties on the relevant date of signature -which certainly will not be the same date?
Agreement duration will be mentioned in the validity clause.
does the different date of execution will have any legal implication at the time of dispute redressal by the arbitrator or court?
request to provide your expert views on the matter.
Rajendra K Goyal
(Expert) 22 June 2017
How are you concerned?
Please state clear material facts and the query.
Agreement can be executed before or after the date of effectiveness of the agreement provided fact is mentioned in the agreement.
kavksatyanarayana
(Expert) 22 June 2017
In a document, the date of execution will be the date of latest date which is put by a party in the document under his/her signature i.e the document may written on a date and any party of the document can sign with a later date. the later date is the criteria. In the agreement, the jurisdiction of a court can be mentioned.
Advocate Bhartesh goyal
(Expert) 23 June 2017
Experts are absolutely right.supreme court has ruled in various judgments that " where two courts have a jurisdiction to try a case, there is nothing contrary to law in an agreement between parties that disputes between them should be tried at the one court rather than the other." agreement is perfectly valid.
Dr J C Vashista
(Expert) 23 June 2017
Well advised by experts despite the fact that it is an academic query.
Jurisdiction (in case of dispute) can be by mutual agreement, otherwise it shall be governed by Section 19 and 20 CPC.
Effective date of agreement shall be when the agreement was signed/accepted by latter (subsequent) party.
ars
(Querist) 26 June 2017
thank you all experts.
this query was from my actual problem faced, while drafting mew agreement, based on previous incident.
I was not comfortable to draft the said clause, hence sought your help.
As I understand that If the agreement is signed by two parties, at different place and date, the latest date will be considered as the date of execution. jurisdiction will be the one as agreed upon and mentioned in the agreement.
Is it proper to mention that "mediation or arbitration shall be conducted in accordance to the Arbitration and Conciliation Act, 1996, in Mumbai only and any matter not redressed thereat may be filed only at honourable high court, Mumbai only."
