shivi (legal associate) 19 April 2016
Hi All,
If a company A is entering in to a service agreement with company B then in such case what will be the place of jurisdiction in case of any dispute arising out of any matter. Will it be limited to companie's A jurisdiction only or vice versa.
What all sections and laws are applicable on this. ASAP responses will be beneficial.
Thanks in advance for your inputs.
G.L.N. Prasad (Retired employee.) 20 April 2016
Every service agreement states the jurisdiction as Corporate office location. Just go through such agreement.
JustAdvisor (IT) 20 April 2016
Refer section 20 of Civil Procedure Code if no jurisdiction has been specified in the Contract. Even if jurisdiction has been specified in the contract, please remember that parties cannot by consent confer jurisdiction on court which is not vested in it. However if two courts have jurisdiction on the subject matter, parties are free to select a forum for dispute resolution.
Also check whether the agreement has an arbitration clause. In such case also check for the seat of arbitration.
Jai Karan Nagwan (consultant) 13 May 2016
Agree, parties can restrict the jurisdiction of the court, rightly advised present query fall under section 20 of the CPC,
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