Category: Contract

Legal Landmines in International Distribution: Key Considerations to Navigate and Negotiate?

In a globalized economy, distribution agreements are the backbone of international trade, facilitating the seamless delivery of goods and services across borders. These agreements are pivotal across a spectrum of industries, each with unique challenges and priorities. In the ecommerce industry, agreements are crafted to protect brand exclusivity while ensuring timely market access. Pharmaceuticals demand... Continue Reading →

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Mitigating Risks: Managing Supplier Contracts During Corporate Insolvency

In today’s unpredictable business landscape, corporate insolvency presents significant challenges, particularly for businesses with critical supplier relationships. The ability to maintain and manage these relationships during financial distress is essential for ensuring operational continuity. This article explores strategies to mitigate risks associated with supplier contracts during corporate insolvency, emphasizing how companies can renegotiate or terminate... Continue Reading →

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Signing Arbitration Agreement as a champagne clause – Few quick-think tips

Drafting an arbitration clause or drafting a complete arbitration agreement is similar to drafting any other agreement i.e., it involves review and analysis of all different facts and permutation and combination to achieve the object of the parties. A sample arbitration clause may not be sufficient or effective to capture the intentions of the parties.... Continue Reading →

Agreements in Restraint of Legal Proceedings – An Overview

The provision is practical and not pedantic in that agreements restricting enforcement of rights through arbitration is not considered a violation of this section. Also, agreements restricting parties from enforcing the contract through any other court other than the court to which exclusive jurisdiction has been conferred under the contract are considered valid.

Dating your Agreement

Execution Date is the date on which the contract is signed and executed between the parties, whereas an Effective Date means the date from which the rights and obligations of parties come into effect. This blog post seeks to set out broad principles for the two concepts and their interconnection in day-to-day business transactions and offer a paradigm to view their importance to drafting .

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Sub-contracting and Assignment : Resolving the Legal Conundrum

The performance of a contract may require third party involvement towards the fulfilment of obligations under a contract. In certain specific circumstances, the contracting parties may decide to “sub-contract” or “assign” their rights and obligations to a third party depending upon the nature of the contract.  In common parlance, sub-contracting and assignment are used interchangeably,... Continue Reading →

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