DISPUTE RESOLUTION AND ADR

DISPUTE RESOLUTION AND ADR

Dispute resolution in India may be through courts, specialised tribunals (such as those for recovery of debt by banks or company disputes, among others), or alternative dispute resolution (ADR) mechanisms that include arbitration, mediation, and conciliation. The amendment to the Commercial Courts Act 2015 (Commercial Courts Act) provides for the constitution of commercial courts at a district level, except in areas where the High Court exercises ordinary civil jurisdiction and provides for commercial divisions (in all High Courts having ordinary civil jurisdiction) and commercial appellate divisions in each High Court for the adjudication and speedy disposal of commercial disputes of a specified value. Our dispute resolution lawyers are proactive, commercially oriented, and realistic, as well as technically proficient, with a forensic eye for detailing in assessing the merits. We recommend strategies for the early resolution of disputes, including by means of negotiation, mediation, and early neutral evaluation. Where it is not possible to resolve a dispute satisfactorily by agreement, we support in pursuing the proceedings, whether before the courts, a tribunal, or an arbitration panel, with efficiency and resolution. Prevention is better than cure, and a key part of our work involves assisting our clients with minimising the possibility of a dispute arising in the first place. For many reasons, including reduced cost, privacy, and efficiency ADR is often a better way to engage with your opponent than through risky and expensive litigation. We often encourage and suggest ADR mechanisms to our clients. ADR won't be appropriate in every case. But its flexibility, private nature, and cost-effectiveness aren't factors to be readily overlooked. Our lawyers are highly experienced legal practitioners representing clients in ADR processes, including acting as mediators and arbitrators. Part of our approach includes working closely with our clients to determine the best dispute resolution process to meet their needs – our clients have increasingly found that the privacy, flexibility, and relative speed of ADR make it a logical choice in business disputes of all kinds, including those featuring complex financial issues. We keep an open mind as to how we can best – and most cost-effectively – secure our clients’ goals, advising them on the proper drafting of ADR provisions for both domestic and international transactions.

Our areas of work include:
  • Arbitration
  • Dispute prevention
  • Drafting dispute resolution and arbitration clauses
  • Fact-finding
  • Mediation
  • Mini-trials
  • Negotiation
  • Risk management
  • Settlement conferencing