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Author Topic: Software development company not delivering the software in time  (Read 541 times)

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Offline Allen

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Software development company not delivering the software in time
« on: December 17, 2015, 12:06:13 AM »
We are based in Mumbai. We signed an Agreement on a Rs 100 Stamp paper purchased by Developer in New Delhi. Below is the clause which they mentioned. Kindly suggest how can we proceed with the case.

GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement shall be governed by and construed in accordance with the laws of India, irrespective of where the Software Product is used. All disputes and differences of opinion arising out of or in connection with this Agreement shall be referred to a panel of three arbitrators, with each Party appointing one arbitrator, and the arbitrators so appointed jointly nominating a third presiding arbitrator. The arbitration shall be in accordance with the provisions of the Indian Arbitration and Conciliation Act, 1996. The place shall be New Delhi, India. This clause shall survive the termination of this Agreement.

Offline adv.amarnath

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Re: Software development company not delivering the software in time
« Reply #1 on: December 17, 2015, 07:44:12 AM »
Even there is an arbitration clause, still you can file consumer case against them. Arbitration Proceedings is expensive as well as time consuming indirectly.
Regards,

Amarnath Sanyal
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Mob - 09830303322

 

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