Category: Corporate Disputes

Considering Litigation in India | Part III – Anticipate the dispute & strategize!

Corporate Disputes

This article is a continuation of the earlier articles where we outlined the challenges associated with litigating in India and the considerations that one must bear in mind before getting into a ‘fight’. As recommended in the earlier article, parties to commercial disputes must at all time seek to settle rather than litigate endlessly before …

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COVID-19 Commercial Disputes: Litigate rarely, negotiate mostly, but settle always!

Corporate Disputes

Have your customers defaulted on payments because of the COVID-19 crisis? Have your business partners avoided contractual obligations because of the lockdown? Are you a lessor who is being asked to waive lease rentals on your premises? Do you think your business is entitled to claim the benefit of a ‘force majeure’ or ‘frustration of …

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Considering Litigation in India | Part II – Know yourself and your opponent before picking a fight!

Corporate Disputes

This article is in continuation of the earlier article where we outlined the challenges associated with pursuing a litigation in India. As highlighted in our earlier article, litigating in India can be a time consuming and relatively expensive affair. Anyone planning to engage in commercial litigation in India should utilize litigation only as a means …

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Considering Litigation in India | Part I – Beware of what you wish for!

Corporate Disputes

It is a common view among members of the business community that engaging in litigation is a time consuming and distracting exercise. It takes away precious resources from the business and management, which can instead be productively deployed in enhancing business value. But, sometimes litigation is inevitable. From an Indian context, in many cases, it …

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Doubtful Receivables in India: The Insolvency Code Solution

Corporate Disputes

The Insolvency and Bankruptcy Code, 2016 (Code) was legislated with the intent to resolve the banking crisis that had engulfed the Indian economy. While the Code provides banks and other financial creditors a theoretically faster mechanism to resolve their bad debts, the infrastructural and procedural aspects surrounding the resolution process are leading to delays. The …

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