Litigation Lawyers today must deal with a wide spectrum of issues not just the ones that traditionally existed but various emerging aspects owing to the advent in technology, trade complexities and governance mismatch across borders. Further, the work of a litigation lawyer is not confined to the courtroom but now extends to strategizing and coordinating across forums. Emerging practices that are now clearly demarcated haveopenedopportunities as well as added to the complexity of this dynamic and multifaceted profession. With separate forums for specific domains, specialization has become more relevant than ever from a client perspective.

The work now demands not only theoretical and practical knowledge of the subject but also strategic judgment and commercial understanding. Here are a few cases shared by our litigating lawyers which showcase how they have been on both sides of the table, i.e. acting on behalf of both corporates as well as individuals across sectors ranging from finance, infrastructure, technology etc., sometimes also having cross-border implications.

Corporate and Commercial Litigation

A large part of a litigation lawyer’s work revolves around business and commercial issues. These include disputes between shareholders and partners, breaches of share purchase or joint venture agreements, contractual nonperformance, recovery of dues, and conflicts arising out of mergers and acquisitions. Cases often involve high-value transactions and complex corporate structures, which make the legal and factual analysis equally challenging.

One major matter involved a complex cross-border share transfer dispute, where companies incorporated in multiple jurisdictions were involved in a disagreement over deferred share payments and enforcement rights. The case required coordination with foreign counsel and involved questions of jurisdiction, governing law, and enforcement of judgments outside India.

Another case dealt with a management and shareholder conflict before the company law tribunal, where parallel arbitration proceedings were ongoing under the rules of a foreign arbitral institution. The matter raised novel questions regarding the scope of inspection rights under company law and was notable for its impact on corporate governance practices.

Such matters illustrate how litigation lawyers must navigate between overlapping contractual and statutory frameworks while maintaining procedural strategy across multiple forums.

Arbitration and Dispute Resolution

Modern litigation lawyers are expected to be as much a problem solver as a courtroom advocate. Hence, they play a central role in advising clients on pre-litigation strategy, compliance audits, arbitration and mediation before matters reach the courtroom.Especially for commercial disputes, arbitration is a common mechanism employed to ensure matters are resolved in a timely and cost-effective manner.

For example, one arbitration involved enforcement proceedings for a multi-million-dollar foreign award arising from a shareholder dispute with an Indian technology company. The case involved complex questions under the Foreign Exchange Management Act and tested the boundaries of investor exit rights under Indian law.

Another arbitration concerned the exercise of exit rights in a shareholder agreement between an Indian manufacturing company and a foreign joint venture partner. The tribunal comprised retired judges of the Supreme Court, and the dispute required interpretation of key provisions of the Companies Act, 2013 and Indian Contract Act, 1872.

A separate matter relating to the infrastructure sector involved multiple construction contracts for a highway project, where the dispute centred on project delays and interpretation of technical clauses under the Arbitration and Conciliation Act, 1996. The lawyers successfully defended interim applications on jurisdiction and contract performance.

At times, proceedings may take place simultaneously before an arbitral tribunal and a domestic court, requiring careful coordination.

Infrastructure and Energy Sector Disputes

These disputes are majorly high value and complex with issues ranging from delay, cost escalation, regulatory interpretation and bureaucracy.

In one instance, a dispute involving a metro rail construction project required defending claims worth over a thousand crore rupees. The arbitration raised questions about the extent of liability of public sector undertakings and interpretation of delay-related provisions under engineering contracts.

Another matter concerned claims and counterclaims between a power generation company and its contractors, where the counterclaim exceeded nine hundred crore rupees. These cases required deep understanding of technical evidence and industry practices alongside legal expertise.

Regulatory and Public Law Litigation

Litigation lawyers also represent clients in matters involving government authorities and regulators. These may be challenges to administrative decisions, disputes over statutory interpretation, or questions of constitutional law.

For example, one case involved challenging the denial of a tax certificate before a High Court, requiring detailed analysis of the provisions of the Income Tax Act, 1961 and the options available for appeal. In another, the lawyers represented a regulatory authority performing quasi-judicial functions, where the question before the court was whether such an authority could be held liable for actions taken by regulated entities.

Employment and Labour Disputes

Employment-related litigation has grown in complexity, particularly at the senior management level. Disputes involving wrongful termination, breach of employment contracts, or non-compete clauses are now common. Some cases also touch upon issues like white-collar crimes, corporate restructuring, or breaches of fiduciary duties.

One high-value employment case concerned claims of wrongful termination following a corporate merger, along with allegations of white-collar crime and breach of natural justice. The dispute required a blend of employment, corporate, and procedural expertise.

Many of these cases involve multiple laws, jurisdictions, and stakeholders, requiring a balance of legal acumen, commercial understanding, and strategic thinking. In addition, the presence of multiple forums also demands a different approach, and litigation lawyers must adapt to the procedural and substantive requirementsfor each one of them.