Legal & Compliance
Dispute Resolution
Overview
Disputes are inevitable, but litigation need not always be. Our Dispute Resolution practice offers strategic counsel in resolving commercial conflicts through litigation, arbitration, and mediation—domestically and internationally. We combine deep legal insight with tactical foresight to protect our clients’ interests while minimizing cost, delay, and reputational risk.
Scope of Services
We offer strategic and end-to-end legal support in resolving complex commercial, contractual, and cross-border disputes through litigation, arbitration, and alternative dispute resolution mechanisms. Our approach emphasizes risk mitigation, early resolution, and enforceability.
1. Commercial Litigation
We represent corporates, startups, and institutional clients in a wide range of commercial disputes before various judicial and quasi-judicial forums, including:
(i) Civil Courts and Commercial Divisions for contractual breaches, recovery suits, shareholder disputes, and specific performance actions.
(ii) National Company Law Tribunal (NCLT) for oppression & mismanagement claims, insolvency proceedings (under IBC), and related corporate disputes.
(iii) High Courts and the Supreme Court of India in appellate and writ jurisdiction matters related to commercial and regulatory law.
(iv) Strategic litigation in consumer forums, tribunals, and specialized forums involving sectors like media, technology, and IP.
2. International & Domestic Arbitration
We have extensive experience in representing clients in both institutional and ad hoc arbitrations, covering:
(i) Institutional Arbitrations: Including ICC, SIAC, LCIA, and MCIA arbitrations involving international commercial contracts.
(ii) Ad hoc Arbitrations: Under the Arbitration and Conciliation Act, 1996 and UNCITRAL Model Law.
(iii) Sector-specific arbitration: Including construction, joint ventures, shareholder disputes, technology transfer, sports & entertainment, and media contracts.
(iv) Drafting and negotiating robust arbitration clauses, appointment of arbitrators, interim reliefs, and full-scale representation through hearings to final award.
3. Pre-dispute Strategy & Risk Advisory
We help clients minimize litigation risk and make informed decisions before initiating or responding to disputes:
(i) Legal risk assessments of business decisions and contracts.
(ii) Pre-litigation legal notices, strategy memos, and exit planning.
(iii) Settlement negotiations and guided client communication to avoid escalation.
(iv) Early-stage legal opinions on contractual breaches, shareholder rights, employment claims, or IP infringement.
4. Enforcement & Execution of Awards
Our team specializes in enforcing both domestic and foreign awards and judgments:
(i) Execution petitions in Indian courts for arbitral awards and court decrees.
(ii) Recognition and enforcement of foreign arbitral awards under the New York Convention and reciprocal enforcement laws.
(iii) Navigating objections under Section 34 (challenge to arbitral award) and Section 48 (resistance to foreign award enforcement).
(iv) Strategic advice on asset tracing, interim injunctions, and recovery mechanisms.
5. Alternative Dispute Resolution (ADR)
We believe in cost-effective and reputation-sensitive methods for resolving disputes outside traditional courtrooms:
(i) Facilitate mediation and conciliation for civil, family business, and investor/startup conflicts.
(ii) Represent clients in court-referred ADR, institutional mediation, and private settlements.
(iii) Draft settlement agreements that are legally enforceable and future-proof.
Why Clients Choose Us
(i) Deep sectoral understanding, especially in technology, private equity, IP, media, and sports.
(ii) Pragmatic and business-focused dispute resolution strategies.
(iii) Multijurisdictional experience with cross-border enforcement and arbitration.
(iv) Strong track record before courts and tribunals across India.
Regulatory and Legal Framework (India)
Litigation and arbitration in India operate within a complex regulatory structure that integrates both domestic statutes and international legal instruments. Parties engaging in dispute resolution—whether domestic or cross-border—must navigate jurisdictional mandates, procedural obligations, and rapidly evolving case law. India has made significant strides in modernizing its dispute resolution landscape, especially in arbitration and commercial litigation, to align with global standards.
The courts now place increased emphasis on timely adjudication, pre-trial processes, and enforcement efficiency, particularly in commercial disputes. International parties must also consider India’s stance on public policy and sovereign immunity in the enforcement of foreign awards. Legal reforms such as the introduction of commercial courts, promotion of institutional arbitration, and the proposed Mediation Bill mark a move toward alternative and faster resolution mechanisms.
Key Legal and Regulatory Framework
1. Civil Procedure Code, 1908 & Commercial Courts Act, 2015
The Civil Procedure Code (CPC) sets out procedural rules for civil litigation in India.
The Commercial Courts Act introduced specialized commercial courts and divisions to handle disputes above a monetary threshold, aiming for quicker resolution through strict case management timelines, mandatory pre-institution mediation, and expedited hearings.
These reforms also allow for electronic filings, summary judgments, and cost penalties for delay, bringing procedural discipline to high-value litigation.
2. Arbitration and Conciliation Act, 1996 (Amended)
This is India’s primary legislation for both domestic and international arbitration.
It incorporates principles from the UNCITRAL Model Law and governs the appointment of arbitrators, interim reliefs, conduct of proceedings, and recognition and enforcement of arbitral awards.
Amendments to the Act have strengthened institutional arbitration, introduced conflict of interest disclosures, and reduced judicial interference in arbitral processes.
It also provides mechanisms for fast-track arbitration and limited grounds for challenging awards.
3. Bharatiya Sakshya Adhiniyam, 2023 & Indian Contract Act, 1872
The Bharatiya Sakshya Adhiniyam, 2023 which replaces the colonial-era Indian Evidence Act, introduces a modernized framework for handling evidence in both civil and criminal proceedings. Key changes include:
Recognition of electronic records, digital signatures, and metadata as primary evidence.
Simplified provisions for admissibility, burden of proof, and presumptions to align with current technological and commercial realities.
Enhanced evidentiary standards for cross-border documents, which are particularly relevant in international arbitrations and foreign award enforcement.
The Indian Contract Act, 1872 remains central to resolving civil and commercial disputes. It provides the foundational legal principles governing:
Offer, acceptance, and consideration
Performance and breach of contracts
Void, voidable, and illegal agreements
Remedies and damages
Together, these laws shape the adjudication of contractual obligations and evidence evaluation across dispute resolution mechanisms.
4. Mediation Bill, 2021 (Proposed)
The bill seeks to create a comprehensive legal framework for institutional mediation, including pre-litigation mediation as a mandatory step for civil and commercial disputes.
It proposes the establishment of a Mediation Council of India, introduces community mediation, and provides for the enforceability of mediated settlement agreements.
If enacted, this legislation is expected to significantly boost alternative dispute resolution (ADR) mechanisms in India.
5. UNCITRAL Model Law & New York Convention
India is a signatory to the New York Convention (1958) and recognizes foreign arbitral awards from over 50 notified countries.
The UNCITRAL Model Law influences India’s arbitration regime, particularly in procedural fairness, party autonomy, and recognition of awards.
Indian courts have progressively adopted a pro-enforcement bias, limiting refusals only on narrow grounds such as public policy, fraud, or incapacity.
