Dispute Management

Governing Law and Dispute Resolution

 

This Agreement shall be governed and construed in accordance with Indian law, without regard to the conflict of laws provision therein.

 

If a dispute arises out of or in connection with this Agreement or the performance, validity or enforceability thereof (a “Dispute”), then the parties shall follow the procedure set out in this Clause:

 

(i)         Either Party shall give to the other written notice of the Dispute, setting out its nature and full particulars (“Dispute Notice”), together with relevant supporting documents. On service of the Dispute Notice, the Parties shall attempt in good faith to resolve the Dispute.

 

(ii)        If the Parties are for any reason unable to resolve the Dispute within thirty (30) days of service of the Dispute Notice, either Party may refer the Dispute to final resolution by arbitration by a sole arbitrator in accordance with the Arbitration and Conciliation Act, 1996. The place for any arbitration shall be New Delhi and the language shall be English. In the event the Parties fail to agree on the sole arbitrator within thirty (30) days from receipt of a request by one Party from the other Party to so agree, the appointment shall be made, upon request of a Party, by the Chief Justice of the High Court or any person or institution designated by him, in accordance to Section 11(5) of the Arbitration and Conciliation Act, 1996.

 

Except as set forth above, all matters arising out of this Agreement shall be subject to the exclusive jurisdiction of the court in New Delhi and the Parties hereby irrevocably submit to the jurisdiction of these courts.