Jurisdiction of neutral nation; validity?
AAK
(Querist) 26 October 2012
This query is : Resolved
Dear Experts need your valuable advise.. pls help
I am preparing a draft of Non disclosure Agreement between Indian Company and Japanies Company. While negotiating the terms, the japanies company is insisting for jurisdiction of Singapore court which is neutral country. If i mention Sigapore courts as jurisdiction to entertain the dispute, how far it is valid?
I feel the position of law as per Sec.20 CPC is - jurisdiction on the court that otherwise does not have any jurisdiction.. the clause is invalid.
Is there any ruling which has overruled this preposition ?? I am confused..
Devajyoti Barman
(Expert) 26 October 2012
If in Singapore no cause of action arises, the parties can not by contract give jurisdiction to the court there. The clause would be invalid unless you mention anything of the agreement happens there.
