Working references for commercial decisions.
Drafting templates, clause libraries, and procedural guides built for the questions a founder, CFO, or in-house counsel actually asks. Each resource cites the controlling statute and, where applicable, the leading judgment in OSCOLA form. Copy what is useful. Verify before signing.
Founders’ Agreement — the clauses that survive a fall-out
Vesting, IP assignment, lock-in, exit on bad leaver, deadlock breaker. With copyable boilerplate clauses calibrated for Indian private-limited companies under the Companies Act 2013.
02 â ContractsLimitation of Liability — the clause that decides the loss
Cap on aggregate liability, indirect-loss exclusion, carve-outs that survive Indian courts, and the four ways a poorly-drafted LoL clause becomes unenforceable.
03 â DisputesArbitration Clause Toolkit — institutional vs ad-hoc
A drafting kit for institutional and ad-hoc arbitration clauses under the Arbitration and Conciliation Act 1996, with seat, venue, language, and emergency-arbitrator language ready to copy.
04 â NDAMutual NDA — what to include and what to delete
The eight clauses every Indian commercial NDA needs, plus the two clauses most NDAs include that almost never hold up — perpetual confidentiality and unliquidated penalties.
05 â MoUMoU vs Binding Agreement — when an MoU is enforceable
Indian courts do not look at the title; they look at the language and the conduct. A practical guide to which clauses convert an MoU into a binding contract under the Indian Contract Act 1872.
06 â ADRChoosing ADR over court — arbitration, mediation, and the institutions
What the Mediation Act 2023 changed, why the Commercial Courts Act 2015 made pre-institution mediation mandatory, and how to choose between institutions including MCIA, ICA, DIAC, SIAC, and Lex Arbitrate.
How to use these
Each resource carries copyable clauses or templates. They are calibrated for Indian commercial practice but not specific to any particular transaction. The clauses are starting points, not finishing points; they require adaptation to the deal in front of you and the regulatory framework that applies.
Citations follow OSCOLA. Statutes are cited by short title and section: Indian Contract Act 1872, s 23. Cases are cited by reporter: Salomon v A Salomon & Co Ltd [1897] AC 22 (HL). Where a proposition is judicially unresolved or where a citation could not be verified at the time of writing, the resource flags it explicitly.
This page is informational. It is not advertisement or solicitation. The clauses and templates are not legal advice and do not create an attorney-client relationship. Use of this site is subject to the Bar Council of India Rule 36 framework.