Case Study: Executing an International Commercial Agreement between a Foreign Company & an Indian Company for Outsourcing of Services in India | Corporate Law Attorney in Delhi NCR | Corporate Lawyer in Delhi NCR |
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The professional team of Advocates & Lawyers of My Lawyers Advice are taking up an initiative solely to educate and enlighten the public at large with respect to the various aspects of different laws and/or legislation vis a vis their legal implications and importance while duly considering the legal procedures involved. The professional Advocates & Lawyers are sharing their experiences solely for the purpose of spreading legal education. The name of the actual entity and/or person is hidden and shall be hereinafter mentioned and referred to as “Querist”.
Our Querist is a Media Company, which is into the field of rendering digital marketing services to some big players of different industries and is based out in United Arab Emirates (UAE). The Querist had been working in the said field for more than a decade and is simultaneously rendering advertising services both in the electronic and print media. The Querist wanted to outsource some of the work with respect to digital promotions and the preparation of certain promotional creatives and videos including IT services, to a Company in India.
The Querist had approached us to enquire about the process involved whereby the above arrangement could be made. The Querist was advised that they can enter into an agreement whereby they can outsource the work from the Company which is registered in the United Arab Emirates (UAE) which can outsource work to a Company registered in India, by way of an International Commercial Agreement. Theese Agreements and Contracts are valid legal documents which can be enforced before Courts. These Agreements and Contracts carry the following clauses which further streamline the work i.e.
- Clauses for the term of the Agreement
- Pricing
- Scope of Work
- Non-Sonication Clause
- Non-Disclosure Clause
- Penalty Clause
- Indemnity & Guarantee Clause
- Deliver Clause
- Arbitration Clause
- Jurisdiction Clause
It is advisable to executed an Agreement and Contract before entering into any transaction in order to avoid damages, embarrassments, injuries and losses which are both monetary and non-monetary. Further, in most of the cases where there is an outsource of work (including IT services) from one country to another these International Commercial Agreements act as a perfect documents to enable the smooth delivery of the work.
We hope that the case study would envisage the legal importance and validity of the Agreement to outsource the services which was executed between the Foreign Company and an Indian Company, to our readers and increase their knowledge about the International compliances including that of the business laws and/or corporate laws.
Authored By: Adv. Anant Sharma