Case Study: Legal Importance & Sanctity of an Arbitration & Jurisdiction Clause in an Agreement/Contract | 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 legislations 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”.
A Querist, who has his showroom of cycles in New Delhi get the cycles or the mountain bikes directly from a different manufacturer which is based out in Gujarat. The Querist has a direct manufacturing and after sales agreement/contract with the manufacturer in Gujarat who is bound to manufacture the cycles or the mountain bikes and transport them to New Delhi. Due to some internal issues within the top management of the manufacturer in Gujarat. The same led to unrest in the manufacturing plant and resulted into delays in the manufacturing process. Further, in spite of repeated requests and reminders by the Querist, the manufacturer was unable to supply the cycles to the Querist. The same led to breach of contract and also the terms and conditions of the Purchase Order (PO). Further, as per the agreement/contract between the parties, the parties have bound themselves with the “Arbitration” clause and thus the Querist invoked the Arbitration clause and initiated the Arbitration proceedings. The agreement/contract between the parties exclusively mentioned the place of Arbitration at New Delhi and gave the Courts in Delhi the exclusive jurisdiction for the filing of cases. Thus, the Querist at New Delhi was able to initiate the Arbitration proceedings at New Delhi with ease.
Every agreement/contract should carry the “Arbitration & Jurisdiction “ clause and should exclusively mention the place for Arbitration and exclusively mention the jurisdiction of the Courts where the parties can go in case of arising of any dispute. Further, the parties to an agreement/contract should also get the agreement/contract registered in order to avoid legal challenges.
We hope that the case study would envisage the legal importance and sanctity of the Arbitration & Jurisdiction clause in an Agreement/Contract to our readers and increase their knowledge about the basics of business laws and/or corporate laws.
Authored By: Adv. Anant Sharma