The arbitration clause in your NDA is the place to outline alternatives to official litigation. Your preferred path should be good faith mediation between parties. This is essentially a discussion facilitated by a moderator to air grievances and explore solutions. If informal mediation fails to resolve differences,...What is a non-disclosure agreement (NDA)?
A Non-Disclosure Agreement can also be referred to as: Confidentiality Agreement, a Confidential Disclosure Agreement, a Proprietary Information Agreement, a Secrecy Agreement, a Proprietary Information and Inventions Agreement, or for that matter, any other arrangement of words indicating confidentiality that a disclosing party might prefer.How do you enforce an NDA?
International arbitration is often the best method to enforce NDA terms against, and resolve disputes with, foreign counterparties, as arbitral awards are more likely to be enforceable around the globe.What happens if there is no relationship between NDA and law?
Unfortunately, if neither party nor the agreement has a relationship to the choice of law or jurisdiction chosen in the NDA, there’s a risk that the chosen court may decline jurisdiction and transfer the matter to a jurisdiction that does bear a relationship to the case at hand.