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Jaideep Sasidharan (Legal Advisor)     08 March 2015

Distribution agreements

Dear Advocates,

What is the validity of a distribution agreement that has an arbitration clause "within the jurisdiction of India" ?

The agreement is signed by two companies- one established in India and other abroad.

Please note that the agreement is drafted in white paper.

Thanks in advance.



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 5 Replies

R.K Nanda (Advocate)     08 March 2015

1. agreement typed on plain paper is not legally valid.

2. agreement must be on at least RS.500/ stamp paper.

3. arbitration clause stating WITHIN THE JURISDICTION OF INDIA means that if any dispute arises then it will be resolved by arbitration in india only.

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Jai Karan Nagwan (consultant)     08 March 2015

Can you please suggest any citation / writeup, wherein suggested that commercial agreement required registration or what should be value of stamps. Also suggest if unregistered such document is admissible in evidence.

Sunil S Nair (lawyer)     10 March 2015

1] Arbitration clause states that in case of dispute instead of going to court both will appoint a arbitrator for the dispute and decision of arbitrator shall be final 2] State weather the companies to the distribution agreement are carrying business on that particular agreement 3] Wheather the agreement is Notarized or registered any Plain paper is fine if it is attached with Rs.500 stamp paper as suggested by Adv. Nanda

Jaideep Sasidharan (Legal Advisor)     10 March 2015

the question exactly about arbitration is that the opposite party of the contract is foreign registered company. 

how much legal liability does that company have in this case? what if they did not respond? 

what is the solution for this?

Sunil S Nair (lawyer)     10 March 2015

Can you attach agreement so that terms and conditions can be seen.

Legal liability will depend on your agreement terms and conditions to send notice you will have to seek help of Indian Embassy 

 

See my above post 


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