Question
We are US based start up. We hired a service provider in India to get some software work done. We terminated the service within 15 days however they are charging much larger sum for a month, then what was negotiated and are threatening to Sue us. Our question: Can they Sue us in India or in US? What are we supposed to do?
Answers: 1 public & 0 private
They can sue you in any venue that they choose. However, in response to that suit, you can claim that the forum does not have jurisdiction over the claim, if appropriate. The contract should have a forum and law selection clause, specifying where the resolution of any dispute should take place. Absent that, if your company is not doing business in India, you should be subject to India's jurisdiction. To discuss your options moving forward, you are welcome to contact me directly at scalfone@scalfonelaw.com to set up a time to speak.
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