Civil Procedure Code (CPC)

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George (engineer)     20 December 2013

International nda and international law in case of disclosur

Hi there,

I want to hire a SW developer in India. I am an Australian Citizen living in Australia.I have some NDA templates I got from the internet. My questions:

1-is related to the jurisdisction that has to be mentioned in the NDA document in case of dispute. As an Australian, can I sue a developer in India from Australia or do I have to sue him in front of an Indian court?

2-Also, what will be the value of an Australia court order against the developer in case of breach? Need support please and guidance here. Also, need to know what to clearly mention in the jurisdiction clause.

3- in most of the NDA I saw, there is clause about someone witnessing the signature. Is this important? Also, does this person has to be someone from the law ( Attorney, Police officer etc..)?

4-What if the SW developer has an office in the US , do I mention the US as the jurisdiction?

5-What do you think about the attached NDA template?

Thank you !

 2 Replies

Nagaraja B S (Corporate Commercial & IP Lawyer)     27 December 2013

Mr. George,

This is a public forum to connect with lawyers. You should seek legal advise in private.

You can reach us on



Rajesh Hazra (Mediator Mediation Counsel)     10 January 2014

Hi George,

Take a proper legal guidance and proceed.



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