Questions & Answers
Due diligence and confidentiality
Is it allowed in a due diligence process prior to an investment decision, for the investee company to release information about the potential investors?
If the company is based in a jurisdiction different from the jurisdiction where the investors are based, which court should be solicited to solve the matter? Is the only one in the Middle East the one based in Doha?
It all depends on the terms of your initial Memorandum of Understanding. Normally, for an information to be treated as confidential, it has to be specifically mentioned in an agreement specifying their territory, period and type of information which should be treated as confidential.
Regarding the jurisdiction, one should keep the cost and execution of the award/judgment in mind to resolve the dispute. No point having a judgment if it cannot be executed or the assets cannot be attached. Advisable to select the jurisdiction which would help to attach the assets. Will it be Mediation / Arbitration or Court litigation?
