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Non Arbitration Agreement

Non Arbitration Agreement Template for India

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Key Requirements PROMPT example:

Non Arbitration Agreement

"I need a Non-Arbitration Agreement between my IT services company and a software development contractor in Bangalore, with specific provisions for court jurisdiction in Karnataka and requirements for mandatory mediation before initiating court proceedings."

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Document background
This Non-Arbitration Agreement is designed for use in situations where parties specifically wish to exclude arbitration from their dispute resolution options under Indian law. It is particularly relevant when parties prefer the formal court system's procedural safeguards, require precedent-setting decisions, or need direct court enforcement powers. The document establishes clear jurisdiction of Indian courts, outlines specific procedures for dispute resolution through litigation, and ensures compliance with Indian contract law principles. It's commonly used in commercial relationships where parties value transparent court proceedings, want access to appellate rights, or require interim relief powers that are more readily available through courts. The agreement includes comprehensive provisions for court procedures, cost allocation, and jurisdictional matters while explicitly stating the parties' intention to opt out of arbitration.
Suggested Sections

1. Parties: Identifies and provides full details of all parties entering into the agreement

2. Background: Sets out the context and circumstances leading to the agreement

3. Definitions: Defines key terms used throughout the agreement

4. Exclusion of Arbitration: Explicit statement excluding arbitration as a dispute resolution method

5. Court Jurisdiction: Specifies the courts that will have jurisdiction over disputes

6. Dispute Resolution Process: Details the agreed process for resolving disputes through litigation

7. Governing Law: Specifies Indian law as the governing law of the agreement

8. Costs and Legal Fees: Provisions regarding the allocation of legal costs and court fees

9. Notices: Specifies how and where formal notices under the agreement must be served

10. Entire Agreement: Confirms this document represents the entire agreement between parties regarding dispute resolution

11. Severability: Ensures remaining provisions stay valid if any part is found unenforceable

12. Execution: Signature blocks and execution formalities

Optional Sections

1. Pre-Litigation Mediation: Optional section for when parties wish to mandate mediation before court proceedings

2. Specific Excluded Matters: Used when certain types of disputes need special treatment or exclusive jurisdiction

3. Emergency Relief: Included when parties want to preserve right to seek urgent court relief

4. Confidentiality: Added when parties want to keep court proceedings confidential where legally possible

5. Cost Security: Include when parties want provisions for security for costs in litigation

6. Multiple Jurisdiction Provisions: Required when agreement involves parties from multiple jurisdictions

7. Binding on Successors: Important when continuity of the agreement needs to be ensured for corporate parties

Suggested Schedules

1. Schedule 1 - Court Procedures: Detailed procedures for initiating and conducting court proceedings

2. Schedule 2 - Excluded Matters: List of specific matters or disputes excluded from general jurisdiction provisions

3. Schedule 3 - Notice Details: Detailed contact information and addresses for service of notices

4. Schedule 4 - Pre-Action Protocol: Steps to be taken before commencing court proceedings

5. Appendix A - Form of Notice: Standard template for serving notices under the agreement

6. Appendix B - Costs Schedule: Details of how legal costs and court fees will be calculated and allocated

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions






























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Relevant Industries

Manufacturing

Information Technology

Real Estate

Construction

Financial Services

Healthcare

Education

Retail

Telecommunications

Professional Services

Energy

Infrastructure

Media and Entertainment

Automotive

Agriculture

Relevant Teams

Legal

Compliance

Risk Management

Corporate Affairs

Business Development

Operations

Executive Leadership

Procurement

Commercial Operations

Contract Administration

Relevant Roles

Legal Counsel

Contract Manager

Chief Legal Officer

Company Secretary

Risk Manager

Compliance Officer

Business Development Manager

Commercial Director

Chief Executive Officer

Chief Operating Officer

Project Manager

General Manager

Managing Director

Corporate Lawyer

Procurement Manager

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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