Advice regarding international contract and nda


Sir, I intend to start a business of 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 contract with that particular person. But in order to ensure 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. Thank you in advance.

 
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ADVOCATE AND CORPORAE ADVISOR

dear sir

Please send me particulars or draft contract for vetting and suggestions

 

Non-disclosure, LD  dispute resolution, etc etc need to be specified clearly.

 

dr vedula gopinath    vgnath@gmail.com   m9848227926



Attached File : 982458094 photo (2) (96x96) - copy.jpg downloaded 46 times
 
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Sir, I have already posted the details in the post itself. All the other terms in the contract are settled. The Jurisdictional aspect of the contract is yet to be settled and I have posted the present condition regarding that aspect. Can you please suggest answers for the various possibilities that I have pointed out in the post?

 
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ADVOCATE AND CORPORAE ADVISOR

dear client

 

Please do send me draft copy of contract for vetting

 

dr vedula gopinath



Attached File : 122530165 address.docx downloaded 33 times
 
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lawyer

It was well advised by you advocate that jurisdiction of the Arbitrational clause should be in India itself in event of dispute.

As the material you are importing from Australia it shall be advisable to keep the payment term such that the money will be deposited in the bank but it shall be banks duty not to credit in the account of the exporter till goods are in your hand or if done so it shall be liable to you, Insurance coverage of transit who shall do take help of a local Frieght Forwarder and discuss the conditions with him with your lawyer and get the agreement drafted in accordance to that International Domain is wide spread so choose your ( INCOTERM ) wisely 

 
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Consultant & Legal Analyst

NDA for what purpose, when you would be involved in sale of the product only?

 

Further, you have not stated, what your advocate has suggested on your questions on jurisdiction issue.

 
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