In India-related commercial contracts, dispute resolution and governing law clauses need to be tailored to reflect the nuances of the Indian legal system. Model form clauses which are perfectly effective in other jurisdictions will not (without amendment) work satisfactorily in the Indian context. A party to an India-related agreement containing a non-India specific dispute resolution clause may find itself – contrary to its expectations and intentions – embroiled in lengthy litigation before the Indian courts.
In response to the need for guidance on such clauses, Herbert Smith has produced a publication to provide in-house counsel who handle India-related commercial contracts on behalf of non-Indian companies with a practical introduction on the nuances of drafting dispute resolution and governing law clauses in the Indian context.
The publication aims to provide a practical introduction to such clauses, focussing in particular on what works and what does not, traps to avoid and practical drafting solutions.
The practical guide is divided into two sections:
- the first sets out five key principles to consider when drafting dispute resolution clauses; and
- the second sets out a general approach for non-Indian parties to consider when drafting governing law clauses and the restrictions on the choice of governing law.
The guide is helpful as a framework for finding workable solutions, deciding when to compromise and when to stand firm, and spotting when an issue has arisen on which advice is required.
Click here for an electronic copy of this publication. To order a printed copy, please click here.
Our existing publication on the same topic for China-related contracts is available here.
Key contacts
Simon Chapman KC
Managing Partner, Dispute Resolution and Global Co-Head – International Arbitration, Hong Kong
Andrew Cannon
Partner, Global Co-Head of International Arbitration and of Public International Law, London
Kathryn Sanger
Partner, Head of China and Japan, Dispute Resolution, Co-Head of Private Capital, Asia, Hong Kong
Christian Leathley
Partner, Co-Head of the Latin America Group, Co-Head of the Public International Law Group, US Head of International Arbitration, London
Disclaimer
The articles published on this website, current at the dates of publication set out above, are for reference purposes only. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action.