Regarding enforcing Confidentiality, IP & Non-competes in India by US

Can a US company enforce in India the executed docs with State of Delaware/Michigan jurisdiction, over Confidentiality, IP & Non-competes? How difficult is it to enforce Confidentiality, Invention Assignments & Non-competes in India, that has the State of Delaware/Michigan jurisdiction? If there’s a case, would it happen in Delaware/Michigan courts? How can the parties be enforced to participate in proceedings in Delaware/Michigan? Also, can we add any particular clauses to make such agreements better enforceable in India even though the company is registered outside India?

Answers (1)

277 votes

Choice of jurisdiction is entirely left to the parties to decide. It is better to avoid the US laws to be applicable to Indian contracts as the Indian party will have to fight it out in the US Courts in case of a dispute. Prefer Arbitration and please do not be selective in applying US laws on particular clauses. The entire contract can be for example be governed by the laws of England with Arbitration as per LCIA in Mumbai. Thanks & Regards.

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