Stakes in court cases which relate to commercial aspects of business are high. Specialization in multi-dimensional commercial law and trade and commerce disputes helps resolve disputes of commercial nature. Such complex court cases may adversely affect business interests. Extensive business know-how and in-depth understanding of industry, government and regulatory issues while handling court cases helps businesses win in court. Businesses must consider all the viable options available to them including an evaluation as to whether court cases should be avoided through alternate remedies like mediation. In case that is not possible, only then businesses should try to decide the most effective litigation method to reach a decision to resolve complex litigation matters spread across multiple jurisdictions.
For commercial litigation, businesses need:=
- Fact finding, investigation and risk analysis based on proper documentation
- Public relations, crisis management and communications
- Class actions and multi-party actions
- Multi-jurisdictional and cross border court cases coordination
- Emergency court proceedings and preliminary or interim relief
- Electronic discovery and disclosure in court cases
- Alternative dispute resolution – mediation and conciliation
- Enforcement and recognition of foreign decisions and judgments in India according to code of civil procedure
Complex commercial and business matters may relate to contracts, specific performance of contract, guarantees and warranties, securities and financial disputes, real estate litigation and other court cases. Business priority, as ever, is to stay out of court and to go over litigation only as a last resort. Commercial issues may also arise out of breach of contract, company disputes, partnership disputes disputes in relation to joint ventures, non-disclosure agreements, non-compete agreements intellectual property rights, trademarks and shareholder disputes.