Practice Area
Commercial Disputes
Civil and commercial litigation for companies and public sector undertakings before courts across India.
The Practice
A commercial dispute is a dispute arising from business dealings, such as a breach of contract, a joint venture or shareholder disagreement, or a construction or supply dispute. In India, disputes above a specified value are heard by Commercial Courts and the commercial divisions of High Courts under the Commercial Courts Act, 2015. The Firm acts for Indian and multinational companies and public sector undertakings in such cases.
The Firm’s commercial disputes practice acts for Indian and multinational companies and public sector undertakings in civil and commercial litigation, across sectors including joint ventures, construction, hospitality, media and automotive.
The practice offers advice that is aligned with the client’s commercial position, including the assessment of whether to litigate or to settle, and the preservation of business relationships where appropriate.
How It Works
How the process works
The Commercial Courts Act applies to disputes of a specified value (currently ₹3 lakh and above) that fall within its listed categories. Unless urgent interim relief is sought, a party must first attempt mediation before filing a suit (Section 12A). The Act also provides for case management hearings, a strict timetable and summary judgment on claims with no real prospect of success. Claims on a written contract for a fixed sum can be brought as summary suits. Where a statutory authority acts unlawfully, a writ petition to the High Court may be the faster route.
Most contract claims must be brought within three years of the breach, so limitation is the first question the Firm asks.
How an engagement runs
- Early assessment: merits, limitation, forum, cost and settlement prospects.
- Pre-litigation: legal notices, negotiation and the mandatory mediation step where applicable.
- Proceedings: pleadings, injunction applications, evidence and arguments.
- Appeal: appeals and special leave petitions before the Supreme Court.
Scope of Work
Areas of Advice and Representation
- 01Commercial suits, including summary suits and applications for injunctive relief
- 02Contractual, joint venture and shareholder disputes
- 03Writ petitions and challenges to regulatory action
- 04Appeals and special leave petitions
- 05Mediation and conciliation
- 06Pre-litigation strategy and legal notices
Forums
Courts and Tribunals
- Supreme Court of India
- Delhi High Court
- Commercial Courts
- Other High Courts and Tribunals
Questions
Questions and Answers
- Do I have to try mediation before filing a commercial suit?
- Yes, unless the suit seeks urgent interim relief. Section 12A of the Commercial Courts Act requires pre-institution mediation, and a suit filed without it can be rejected.
- How long do I have to file a claim for breach of contract?
- Generally three years from the date of the breach, under the Limitation Act, 1963. The period can be extended by a written acknowledgement of liability or part payment.
- Can I get an urgent order to stop the other side acting?
- Yes. A party can apply for a temporary injunction, and in a commercial suit can ask for interim relief along with the plaint. The court looks at a prima facie case, the balance of convenience and irreparable harm.
- What is a summary suit?
- A faster procedure for claims based on written contracts, bills of exchange or similar documents for a fixed sum, where the defendant must obtain the court's permission to defend.
- Can a contract dispute be sent to arbitration instead?
- If the contract has an arbitration clause, generally yes, and the court will usually refer the parties to arbitration.
