[Explained]: Arbitration Laws in India

General and Commercial Litigation

India sees a tremendous amount of litigation every year. Among different types of cases filed in India, majority of commercial disputes relate to contractual breaches, debt recovery, real estate, regulatory, intellectual property rights and labor laws. Lawyers and law firms with corporate practice focus on comprehensive strategies to reduce litigation risks for their clients in India and outside India.

Lawyers and law firms in India represent clients before Supreme Court, High Courts, District Courts and quasi-judicial tribunals. Expert lawyers and attorneys are well-versed in the entire framework of writ laws and other public laws, company law, labor laws, real estate laws, environmental laws, banking laws including debt recovery laws, laws governing non-compliant companies, contractual breaches, labor laws, consumer laws, real estate laws etc. The corporate lawyers are experienced in handling business contracts for clients belonging to public as well as private sector.

Litigation in India

The legal cases are filed across multiple courts in India for matters pertaining to:

  • Protecting firms against illegal termination suits;
  • Ensuring complete corporate and accounting compliance;
  • Contesting or negotiating claims;
  • Maintaining corporate tax agreement;
  • Resolving labor disagreements with workforces as well as with employees and professionals;
  • Breach of contracts and agreements;
  • Deceptive and fraudulent practices such as misuse of Intellectual Property, revealing a trade secret, breach of trust and confidentiality;
  • Employer and employee disputed regarding discrimination or wrongful termination;
  • Breach of contract;
  • Corporate land issues, premises liability to disputes with landlords or regulators, and so on.

Arbitration in India

Arbitration has become the most viable alternate dispute resolution mechanism in all commercial ventures worldwide. In India, the ambiguous nature of commercial litigation proceedings has resulted in selection of arbitration as the primary means of alternate dispute resolution. The arbitration law and procedures in India are evolving steadily and application of this law in practice in Indian business context is gaining momentum at a rapid pace.

Arbitration Lawyer in India

Drafting of Agreements

Drafting of a proper and suitable arbitration and mediation clause is the basis for a successful arbitration challenge and defense. Business entities like private limited companies are continuously trying to reduce the litigation risks by planning for arbitration and mediation in case of any business disputes.

Arbitration law in India

Arbitration lawyers in India specialize in this area for various years and handle complex local and cross-border arbitrations. The role of arbitration lawyers includes representing clients in several arbitration proceedings and obtaining interim measures from various Courts, preparing Section 11 Applications before the High Courts or the Supreme Court and defending actions at all levels.

Mergers and Acquisitions

Merger and acquisition (M&A) forms part of routine business transactions in India and across various other jurisdictions. Companies opt for this route to multiply business growth, and this comes with its own set of litigation risks. Hence, mentioning arbitration and mediation as preferred dispute resolution mechanisms across all M&A legal documents can provide significant advantages. Such prompt efforts can result in quick regulatory compliance for companies and can prove handy during future legal due diligence.

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