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Doing Business in
India - An Overview
Doing Business in India - An Overview

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    Areas of Practice

Dispute Resolution

India, like the British, follows the dual system of Parliamental Sovereignty and Judicial Supremacy. Even the laws in India are substantially similar to those in the United Kingdom.

Traditionally, the dispute resolution system in India was known to be extremely slow and at times resulted in denial of justice. The problem was compounded by the fact that there was no in built mechanism many of the archaic laws were not effective in handling the complex challenges posed by the rapidly developing world.

However, with the advent of liberalization of the economy and technological advancement especially after India attaining the status of a technological superpower, it was only logical to revamp the existing laws and introduce new laws to address the problems to the changing scenario.

Keeping the above in mind, some crucial changes were brought about in the Civil Procedure Code, 1908 to simplify the general procedure of the civil courts and improve their working which would most certainly result in the speedy disposal of cases.

In addition, important changes were also introduced in some other major laws, such as the Companies Act, the Trade Marks Act, Arbitration & Conciliation Act etc.

 
 
Areas of Practice:
  • Litigation
  • Arbitration
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    Litigation
    The Firm has a vast experience in dealing with Commercial and General Litigation.
    The Firm identifies the commercial and personal purpose of the proposed Litigation and then charts the main issues and decides upon a strategy which is cost effective and result oriented.  To achieve 100 % success in any matter, the Partner and his team work closely with the clients and experts so that the Firm is able to respond promptly and effectively to our clients’ needs.

    The Firm has undertaken Litigation relating to Banking and Financial Disputes, Contractual Disputes, Intellectual Property Disputes, Commercial and Trade Disputes, Winding up Petitions, Recovery of Monies, Employment, Environment, Public Interest, against Orders/ Notifications/ of State and Central Government, Defamation, Environment, Insurance, Motor Accident, Tenancy and Property, Admiralty, Consumer Protection, Labour Issues, etc.

    The Firm has represented clients in a wide variety of claims involving defects, liquidated damages and extensions of time, prolongation and acceleration claims, variation claims, design liability disputes and professional negligence claims. The Firm has also been involved in cases relating to piling and drilling of sewage pipes with the Mumbai Municipal Corporation and reclamation disputes, mechanical and electrical engineering disputes, Security systems disputes, clean room and wafer fabrication plant design disputes, and professional liability claims.

    The Firm is well reputed and trusted for proficiently handling high-end litigation arising in different areas of law, right from recovery of money to protection of rights of companies in a joint venture.

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    Arbitration
    The Firm has vast and substantial experience in Arbitration. The work inter alia includes Notice for invoking Arbitration, Filing Petitions under Sections 9 and 11 of the Arbitration and Conciliation Act, 1996 for ad-interim reliefs pending initiation of Arbitration and the appointment of an Arbitrator.

    The Firm conducts Full Arbitration proceedings, which includes the drafting of aStatement of Claim or Counter Claim, Finalizing the Witness examining and cross-examining the Witness and the full trial thereof. The Firm has also conducted Arbitration Proceedings under the ICC Rules.

    The Firm has also challenged the Arbitral Award in the Court inter alia on the grounds of Fraud, dispute incapable of being settled and the appointment of an improper Arbitrator

    The Firm also enforced Indian and Foreign Awards.

    The Firm is conducting Arbitration for disputes arising in international trade, disputes arising in execution of international contracts, recovery of disputed claims and damages. Most of the Arbitration conducted by us runs from one million dollar to several million dollars.

    The Firm is the exclusive contributor of Articles on Arbitration from India to the International Law Office.

  • International Contractual Disputes
  • Injunctions and Interim Injunctions
  • Enforcement of Indian and Foreign Awards
  • Arbitration Proceedings
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    International Contractual Disputes
    The Firm is conducting Arbitration for disputes arising in international trade, disputes arising in the execution of international contracts, recovery of disputed claims and damages. Most of the Arbitration conducted by us runs from one million dollar to several million dollars.
     
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    Injunctions and Interim Injunctions
    In arbitration, injunctions and interim injunctions are availed of as a remedy to preserve the status quo of the case. The Firm acts in the best interests of its clients in obtaining and responding to injunctions and interim injunctions. 
     
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    Enforcement of Indian and Foreign Awards
    The firm has enforced Indian and Foreign Awards. The Firm has also challenged the Arbitral Awards in the Court inter alia on grounds of Fraud, dispute incapable of being settled and the appointment of the Arbitrator not being proper.
     
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    Arbitration Proceedings
    The Firm conducts Full Arbitration proceedings, which includes drafting of the Statement of Claim or Counter Claim, finalizing the Witness examining and cross- examining the witness and the full trial thereof. The firm has also conducted Arbitration Proceedings under the ICC Rules.
     
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