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02Disputes

Commercial Litigation

Strategic representation in high-value commercial and business disputes.

Commercial disputes call for both legal precision and commercial judgment. We advise and represent businesses, promoters and institutions in disputes arising from contracts, partnerships and commercial arrangements, with an emphasis on protecting the client’s underlying commercial position.

Services & Matters Handled

  • Contractual and shareholder disputes
  • Partnership and joint-venture disputes
  • Recovery of commercial dues
  • Commercial court proceedings
  • Injunctions in business disputes

What To Bring

Typical information that helps us assess a matter of this kind:

  • Underlying contracts and transaction documents
  • Correspondence between the parties
  • A summary of the commercial relationship and dispute

How a matter of this kind proceeds

01

Commercial and legal review

We read the contract alongside the commercial history, identify the strongest cause of action, and advise on what a dispute is likely to cost and achieve relative to a negotiated outcome.

1–3 weeks
02

Pre-institution mediation

Commercial suits that do not seek urgent interim relief require pre-institution mediation before filing. We prepare and represent you through it.

Statutory period, ordinarily 3–4 months
03

Filing and case management

The suit is filed in the Commercial Court, which operates a case management regime with fixed timelines for pleadings, disclosure and evidence.

Case management hearing within statutory timelines
04

Trial and enforcement

Evidence and final arguments follow, then decree and execution or appeal.

Governed by court listing

Timelines are indicative only. Listing and hearing dates are set by the court or tribunal concerned and are outside the firm’s control.

Common questions

What makes a dispute a “commercial dispute”?

The Commercial Courts Act defines the categories — disputes over ordinary transactions of merchants, construction and infrastructure contracts, joint ventures, shareholder agreements and others — and sets a minimum value for the claim. Whether your matter qualifies affects the forum, the procedure and the timelines that apply.

Is pre-institution mediation compulsory?

It is required for commercial suits that do not contemplate urgent interim relief. Where genuinely urgent relief is sought, the suit can be instituted without it. This is a point worth deciding carefully at the outset, as it affects when you can be before a judge.

Should we litigate or settle?

That is a commercial question as much as a legal one, and we answer it as such — weighing the merits, the recoverable amount, the likely duration, the cost, and the effect of a public dispute on the underlying relationship. We will tell you when settlement is the better outcome.

Next Practice Area

Criminal Litigation