Indian courts have made a clear distinction between non-competitive alliances based on the duration of the agreement and non-competition agreements based on the duration of an agreement. In order to determine the applicability of such alliances, the courts consider whether or not the Confederation respects trade. 3. “XYZ” undertakes to cooperate with ( ) in the field of advertising and promotion of the purpose of the contract and to assist in participation in fairs and exhibitions on the territory of the contract ( . Expenses must be paid for by “. Indian law allows parties to choose any type of arbitral tribunal, whether ad hoc or institutional arbitrations, to resolve their disputes. The place of arbitration can also be decided by the parties in the agreement. The parties may agree to either an arbitration procedure with a foreign headquarters or a national arbitration procedure in India. An arbitral award rendered either by arbitration abroad or by national arbitration is enforceable in India. However, when choosing the place of arbitration outside India, it is necessary to ensure that the country is a signatory to the New York Convention or the Geneva Convention on the Enforcement of a Foreign Arbitration Award.
A foreign arbitration award adopted in such a country would be easier to apply in India, since the Indian right to vote is specifically intended for the application of such a foreign distinction. Remediation for violation of rights, abuse of rules or non-compliance with the agreement. 4. “XYZ,” even after the termination of this contract, is not allowed to register the company`s name for itself. In addition, there is no restriction for the supplier to request reports on these sales by area. A provision relating to the distributor`s claim of “invasion charges” or a similar amount may be included in the distribution agreement if such an exclusive distribution agreement is not cancelled under competition law. Under the Competition Act, no distribution or agency agreement must be notified under the Merger Regulation or requires AUTHORIZATION from the ICC. However, the ICC may, on the basis of any complaint lodged with it or by law, initiate an investigation if the ICC is aware that an agreement is an anti-competitive agreement and that such a transaction could likely be the source of an AAEC in the market in question in India.
In addition, the supplier may contractually limit the distributor`s right to the supplier`s intellectual property by granting a limited license for the use of the intellectual property of a product under certain conditions. It is advisable that the license agreement specifies that the transfer of a particular intellectual property right is done without goodwill. Good internalization is a separate intangible asset. As a result, a supplier may restrict the geographic area or categories of customers if the agreement is in accordance with previous provisions of competition law.