Sir, I intend to start a business of a particular product in India, and the supplier of that product is from Australia. The supplier has agreed for supplying and all other terms are agreed by both of us and the same have been drafted into an Agreement Cum Contract between us. Now the problem is just before signing the agreement, I have come to know that the supplier has past history of cheating activity and now my Advocate suggests that it is not safe to enter into contract with that particular person. But in order to ensure protection of my business from other competitors, I should enter into an agreement with him. In this scenario my Advocate suggests that it would be better to keep the Indian Courts for dispute Resolution and the General Customary is to opt for Arbitration in such Agreements. Now to make it simple my questions are:-
1.) To what Jurisdiction should we subject our disputes to?
2.) If we opt for Indian Jurisdiction, what are the possibilities for success incase I sue him? (He doesn't have any business or properties in India)
3.) If we opt for Australian Jurisdiction, are they possibilities of him fraudulently suing me?
4.) Even if we opt for Indian Jurisdiction, are there any possibilities for him to sue me in Australian Courts fraudulently?
Kindly answer the above probabilities and such other probabilities as you may deem necessary for me to know. Thank you in advance.
