Contract with international company
JS
(Querist) 18 October 2015
This query is : Resolved
Dear Sir,
I wish to clarify some doubt regarding Contract with International Companies.
i.e. M/s. BM Co Pvt Ltd(Indian Co) executed some agreement(According to Indian Law & did not register with any authority) for Franchise with BM USA Inc(USA CO)For that the Indian Co Paid some amount in advance.Suppose the USA Company will not do/fulfill the terms as agreed whether the Indian Co can claim the amount or suit any case against in Indian Courts ?
If not what is the alternate way to get the money?
alexander
(Expert) 19 October 2015
. In the contract signed by both the the parties there must be a clause/ mention about resolution of disputes/ controversies arising during the life of the Contract e.g Arbitration ., jurisdiction of the competent Court in India etc
There might also be some relevant clause in the contract for recission/voiding the contract or for filing a case of Specific Performance
you may like to consult the Advocate who drafted your contract
Rajendra K Goyal
(Expert) 19 October 2015
Can not approach Indian Court for relief till agreement specifically mention it.
alexander
(Expert) 19 October 2015
Since it is an International Contract/ Agreement,it must have been registered. Such a Contact mentions the Law under which it is being drafted eg UK law, US Law, Indian law etc. the mode of resolving disputes like Litigation / Arbitration. In which country the litigation / arbitration will be undertaken etc. Your Advocate who drafted the contract and the one who reviewed it should be in a better position to enlighten you
ABDUL RAZIQUE
(Expert) 19 October 2015
Respected Alexander has been describe well so not need to add more.
K.S.Srinivas
(Expert) 20 October 2015
In the contract signed by both the parties, there should have been some clauses incorporated as mentioned by Sri Aexander. From the query it is not clear whether such clauses are incorporated or not. If not incorporated, then the Indian Company has to face the consequences, if the foreign company will not fulfill the conditions of the agreement.
T. Kalaiselvan, Advocate
(Expert) 23 October 2015
Seems to be an academic query, how are you related to it?, well the views and opinions have been elaborately given by experts which is agreeable.
JS
(Querist) 03 November 2015
Thanks to all
