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wallstreetesq., Attorney
Category: Business Law
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Experience:  10 years, Corp litigation, Of Counsel to several global and nationwide corporation
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An Non disclossure Agreement between a New York State USA company

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An Non disclossure Agreement between a New York State USA company and Singapore company, the laws and jurisdiction used are the New York State.
My Question:
1.Can the Singapore company bring the NY Comapny to court in the NY state?
2. can the NY company Bring the SG Company to court un the NY state? (SG company has no business or office in NY state)
You can sue the company in NYS as per the NDA contract as long as one arty is domiciled in NYS.

It is a common rule in international contracts that the parties are free to submit any possible dispute to arbitration or to the jurisdiction of a State’s courts.

Forum-choice clauses, such as placed in your NDA, This clause allows the parties to submit their dispute to the courts that better fit their interests. They also provide legal certainty for the parties to the contract: whatever the nature of the dispute, they are sure that they can sue and can only be sued before the court indicated in the clause.

For these clauses to be valid, certain requirements need to be complied with: a) they must fulfil certain formal requirements 2 ; b) they must grant jurisdiction to the court(s) of a Member State; c) at least one of the parties to the contract has to be domiciled in a Member State; d) the object of the contract cannot be one for which exclusive competences are established
You can sue the company in NYS as per the NDA contract as long as one party is domiciled in NYS.

It is a common rule in international contracts that the parties are free to submit any possible dispute to arbitration or to the jurisdiction of a State’s courts.

Forum-choice clauses, such as placed in your NDA, This clause allows the parties to submit their dispute to the courts that better fit their interests. They also provide legal certainty for the parties to the contract: whatever the nature of the dispute, they are sure that they can sue and can only be sued before the court indicated in the clause.

For these clauses to be valid, certain requirements need to be complied with: a) they must fulfil certain formal requirements 2 ; b) they must grant jurisdiction to the court(s) of a Member State; c) at least one of the parties to the contract has to be domiciled in a Member State; d) the object of the contract cannot be one for which exclusive competences are established
Customer: replied 8 years ago.

what is the meaning of Exclusive competences in d),

Can Singapore company claim no personal jurisdiction?

 

no if they signed the contract agreeing to NYS, AS THE COURT OF JURISDICTION. EXCLUSIVE COMPETENCIES IS THAT YOU COULD SUE THEM IN ANY COURT THAT HAS JURISDICTION OVER THE MATTER, IN YOUR CASE USUALLY THE NY SUPREME COURT, OR EVEN THE FEDERAL COURT.
Customer: replied 8 years ago.
But, in case singapore company is sued in NYS and is not present in court. what will happen?
a default judgement, you have to enforce it through the courts of singapore
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