Dispute Resolution Services for Litigation, Arbitration and Appeals

A writ petition can be filed under Article 226 (High Court) or Article 32 (Supreme Court) of the Constitution, typically to challenge State or government action affecting a legal or fundamental right, subject to the requirements applicable to the relevant constitutional remedy. Article 32 provides a remedy for the enforcement of fundamental rights, while Article 226 empowers High Courts to issue writs for the enforcement of fundamental rights and for other purposes. Whether a writ petition is appropriate depends on the specific facts, the nature of the action challenged and the availability of alternate remedies.

Under the Insolvency and Bankruptcy Code, 2016, insolvency proceedings may generally be initiated against a corporate debtor by a financial creditor or operational creditor, or by the corporate debtor as a corporate applicant subject to the applicable statutory requirements under the Code, by filing an application before the National Company Law Tribunal (NCLT).

Yes. Parties to a cross-border commercial contract can agree to resolve disputes through international arbitration. The choice of seat and applicable arbitral rules is generally determined by the parties, while the arbitration and enforcement of the resulting award are subject to the applicable law, including the Arbitration and Conciliation Act, 1996 and, where applicable, relevant international conventions.

A civil appeal challenges a court's decision before a higher court on the grounds permitted by applicable law, while a review petition asks the same court to reconsider its own decision on limited grounds recognised by law, such as an error apparent on the face of the record.

Commercial arbitration is a form of dispute resolution in which business-to-business disputes are referred to an arbitral tribunal for determination rather than being resolved through court proceedings. It is typically used where the parties have agreed to arbitration, often through an arbitration clause in the underlying contract.

A civil suit in India generally begins with the filing of a plaint, followed by the defendant's written statement and framing of issues by the court. Depending on the nature of the matter, the court may also consider interim applications and reliefs during the proceedings. The parties then present their evidence and make their final arguments, following which the court delivers its judgment. Depending on the circumstances and applicable law, the judgment may be subject to appeal, review or revision. The timelines for a civil suit vary considerably depending on the court, the nature and complexity of the dispute, and the procedural requirements involved.

An IBC case before the NCLT typically begins with an application by a financial creditor, operational creditor or corporate applicant, as applicable. Upon admission of the application, the corporate insolvency resolution process (CIRP) commences, and an interim resolution professional (IRP) is appointed in accordance with the Insolvency and Bankruptcy Code, 2016. The process may subsequently involve appointment of a resolution professional (RP), consideration of resolution plans and, depending on the outcome, resolution or liquidation of the corporate debtor. The specific process and timelines depend on the circumstances of the case and the applicable provisions of the IBC.

Yes, alternative dispute resolution, including negotiation or mediation, can be used to resolve land disputes where the parties are willing to explore a commercially negotiated outcome that is mutually acceptable to all parties. The suitability of ADR depends on the willingness of the parties and the nature of the underlying dispute.

Arbitration involves the determination of a dispute by an arbitral tribunal and results in a binding arbitral award, subject to the applicable legal framework. Other forms of alternative dispute resolution, such as negotiation and mediation, are generally consensual processes in which the parties seek to reach a mutually agreed settlement rather than have the dispute determined by a third party. Where the parties reach a settlement through mediation, the resulting mediated settlement agreement may be final, binding and enforceable in accordance with the applicable law.

A business may file a writ petition under Article 226 of the Constitution to challenge an action or inaction of the State or a public authority, particularly where a fundamental or other legal right is affected or the matter involves a public law element. A civil suit may generally be appropriate for disputes between private parties, such as contractual or property disputes, particularly where the dispute involves private rights and obligations.

Yes, depending on the circumstances, a company may initiate a corporate insolvency resolution process as a corporate applicant under the Insolvency and Bankruptcy Code, 2016, or may be named as the corporate debtor in an application filed by a financial creditor or operational creditor. Its role therefore depends on whether it is initiating the insolvency proceedings or proceedings are being initiated against it.

The choice between litigation and arbitration for a commercial dispute generally depends on factors such as whether the underlying contract contains a valid arbitration clause, the nature of the dispute and relief sought, the need for confidentiality, and considerations of cost and timeline. The appropriate approach may vary depending on the facts and circumstances of each matter.

Yes, Fox Mandal’s dispute resolution team advises and represents a range of stakeholders in IBC proceedings, including financial creditors, operational creditors, corporate debtors and resolution applicants, depending on the nature and scope of the engagement.

An order passed by the NCLT can generally be appealed before the National Company Law Appellate Tribunal (NCLAT). A further appeal from an NCLAT order may lie to the Supreme Court on a question of law, subject to the applicable limitation statutory requirements and limitation periods.