Why Care for Governing Law and Jurisdictions in International Contracts?

Harish Suryavanshi, Corporate Counsel, Tech Mahindra Limited, India

Harish Suryavanshi offers an elegant path through the relevant considerations when drafting choice of jurisdiction and ADR clauses in cross-border contracts. In addition to explaining the pros and cons of exclusive jurisdiction or arbitration clauses, he also supplies a helpful list of local laws that typically are very difficult to exclude. Due to growing cross-border transactions, IT & allied services outsourcing contracts, and the rise in international M&A, parties to commercial contracts shall be well advised to consider governing law and jurisdiction issues carefully. One of the common issues in international contract disputes occurs where the parties are not just located in different countries but the interpretation of jurisdiction clauses and choice of law clauses by the local courts. These clauses set out the parties' election of the law that is intended to apply to the contract and the location that disputes under the agreement will be determined.

Harish Suryavanshi has been working with Tech Mahindra Limited since March, 2010, as a Corporate Counsel and has been handling commercial contracts for the MEA region. He has a wide experience of dealing with cross-border transactions and negotiations. Having more than 8 years of professional experience, Harish has also been contributing to knowledge sharing, training internal customers and mentoring colleagues. He has worked with both IT and non-IT industries in the US, UK and MEA region.

Tech Mahindra is the fifth largest IT Services MNC. With the recent acquisition of Satyam Computer Services Ltd., Tech Mahindra Limited has expanded into various vertical sectors including engineering, defence and the health industry. It currently has over84,000professionals servicing at least 540 clients in 46 countries