Legal query.
Suraj
(Querist) 23 January 2014
This query is : Resolved
Complete facts are as follows: -
i). agreement between service provider and contractor.
ii). service provider is based in India.
iii). contractor is based in UAE.
iv). governing law - UAE.
v). Services hv already been provided to the contractor but the contractor has not paid the monies due and payable to the service provider.
Query: -
Other than dispute resolution by way of arbitration and jurisdiction, is there any other mode or mechanism by which the service provider can obtain recovery of his unpaid dues?
Advocate. Arunagiri
(Expert) 23 January 2014
Provide what is the type of service provided, what is the problem faced by the service provider, is there any third party directly or indirectly involved in the said contract.
Based on this info I can give my opinion.
Rajendra K Goyal
(Expert) 24 January 2014
Contract between the contractor and service provider need to be seen for any advise.
T. Kalaiselvan, Advocate
(Expert) 25 January 2014
I agree with Mr. Goyal's opinion on the subject. The contract between the contractor and the service provider is based on the terms and conditions already agreed upon, so it is the only valid solution.
Surrender K Singal
(Expert) 26 January 2014
Laws of UAE governing the Agreement, relevant provisions thereof as relating to the terms of agreement need to be studied
Guest
(Expert) 26 January 2014
Your query seems to be missing something very vital.
It is strange to note that the there is no principal in the case and a contractor (service provider) provides service to another contractor!
Please state the real problem, contrator of what and the service provider was required to provide what type of service to him and in which country?
Also, in case of any dispute, what legal jurisdiction has been shown in the agreement between the contractor and the service provider, i.e., India or UAE?
malipeddi jaggarao
(Expert) 27 January 2014
Mr.Dhingraji, it may be a sub-contract.
However, the author is not interested to give any information. Better close the thread.
Guest
(Expert) 27 January 2014
Jaggarao ji,
If the author is not ready to part with the requisite information, he should be satisfied with his lot.
However, we are not supposed to presume that to be a sub-contract on behalf of the querist. If we assume that to be a case of sub-contract, we may probably also need to assume that the contractor would have decided to pay the dues to the service provider only after receipt from the principal after his full satisfaction about the job performance. There can be several other presumptions in the absence of the requisite information from the side of the querist.
So, I did not prefer to presume any eventuality at my own, as only the querist is supposed to know the facts of the case.
Surrender K Singal
(Expert) 27 January 2014
Contractor of UAE is the Principal of this Agreement; Indian is the service provider;
Saurendra Rautray
(Expert) 30 January 2014
Hi Mr Suraj,
It would be advisable to you and all the others who are seeking legal opinions for their problem to give details in order for the panel lawyers here to answer your queries in a fit and a proper manner.
I am of the opinion that you could take recourse through statutory Arbitration and can limit your Jurisdiction to India even though UAE law is governing but subject to some limitation based in the Act.
Saurendra Rautray
Advocate
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