VIC Software agreement with Indian company

Discussion in 'Commercial Law Forum' started by Brown Sugar, 21 December 2018.

  1. Brown Sugar

    Brown Sugar Member

    Joined:
    21 December 2018
    Messages:
    1
    Likes Received:
    0
    Hello Lawyers,

    I have a clause in my draft Software agreement with an Indian software development company which states;
    Quote
    5 CHOICE OF LAW; VENUE; LIMITATION OF ACTIONS:
    This Agreement shall be governed and construed in accordance with the laws of the Commonwealth of Australia and the parties consent to the sole and exclusive jurisdiction of the Federal Court of Australia for any dispute arising out of this Agreement. No action by ToXSL or Client arising under this Agreement may be brought at any time more than seven (7) years after the facts occurred upon which the cause of action arose.
    Unquote
    Question: They (Indian software Development Company) now want this to be written as both laws India and Australia as the software is developed in India for the consumer in Australia. I'm not sure how this clause should now be written, added and/or amended so that it covers both Laws and no confusion should there be any issue arise in the future. Would appreciate your views and any suggestions please. Thank you!
     
  2. Rob Legat - SBPL

    LawTap Verified

    Joined:
    16 February 2017
    Messages:
    1,988
    Likes Received:
    422
    I'll admit I know nothing about the laws of India. Given both countries inherited systems of government from England, there's probably a structural similarity. However, that doesn't mean they're compatible - especially to a practical extent. What may be legal under Indian law may not be in Australia (and vice versa). Accordingly, having the agreement written as governed under both legal systems is a recipe for disaster. Pick one. It should be obvious which is in your favour.

    I'd also suggest you look at putting in a dispute resolution clause which is referable to international commercial arbitrator. Here's a link to an Australian one: https://acica.org.au/

    Their site also contains clauses you can use for the contract: https://acica.org.au/arbitration-clauses/
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
Loading...

Share This Page

Loading...
gt;