Dispute Resolution
OVERVIEW
Disputes are consequential. The decisions made at the outset (on strategy, forum, timing, and the framing of the legal position) determine the shape of everything that follows. Acuity Law’s Dispute Resolution practice provides expert advice and representation across civil and commercial litigation, criminal and regulatory proceedings, domestic and international arbitration, and cross-border enforcement. The firm acts for corporations, financial institutions, private parties, and government entities, and is equipped to handle the full lifecycle of a dispute from the earliest pre-dispute advisory stage through to the enforcement of the final outcome.
The practice takes a multi-disciplinary approach to every matter. Commercial disputes rarely exist in isolation: a contractual dispute may carry regulatory exposure; an arbitration may require parallel court intervention for interim relief; an enforcement action may need to run in more than one jurisdiction simultaneously. Acuity Law’s lawyers work across practice areas, drawing on the firm’s corporate, tax, insolvency, employment, and regulatory expertise, to ensure that clients receive advice that is legally rigorous and commercially grounded at every stage.
The practice has particular depth in cross-border and international matters. The firm has acted on behalf of Japanese clients in enforcement proceedings in international jurisdictions, and has developed specific expertise in the interaction between Indian court proceedings and foreign legal systems. For Japanese corporations and investors facing disputes with an India dimension, the firm’s Japan Desk provides a direct point of contact that understands both the legal framework and the commercial and cultural context in which those disputes arise.
RECOGNITION
Acuity Law’s dispute resolution work has been recognised by Legal OneMerits, the independent legal awards body, for outcomes in two significant matters:
Legal OneMerits: Exemplary
Big Charter: Emergency Interim Reliefs before the Delhi High Court
Acuity Law secured significant interim reliefs for its client before the Delhi High Court in a commercially sensitive and time-critical dispute. The matter required immediate mobilisation, precise identification of the legal grounds for emergency court intervention, and a strategy calibrated to the commercial stakes involved. Legal OneMerits recognised the outcome as Exemplary.
Legal OneMerits: Remarkable
Third-Party Litigation Funding: Interim Measures in International Arbitration
Acuity Law acted in a matter involving the regulation of third-party litigation funding in an international arbitration seated in India. The firm secured interim measures in proceedings that raised novel questions of law at the intersection of arbitration and litigation finance. Legal OneMerits recognised the outcome as Remarkable.
ROLE
Our Dispute Resolution practice advises and represents clients across four areas:
Civil and Commercial Disputes
We advise on the full lifecycle of civil and commercial disputes, from pre-dispute strategy through to enforcement of judgments. Our services include:
- Advising on pre-dispute strategy arising out of contractual disputes, statutory provisions, government contracts, real estate and infrastructure matters, cross-border transactions, and intellectual property disputes.
- Formulating litigation strategies based on the nature of the dispute, the desired outcome, the choice of forum, and conflict of laws considerations where multiple jurisdictions are involved.
- Drafting all pleadings, applications, and written submissions across dispute resolution forums.
- Representing clients before the Supreme Court of India, all High Courts in India, Commercial Courts, and the full range of tribunals and quasi-judicial bodies, including:
- National Company Law Tribunal (NCLT) and National Company Law Appellate Tribunal (NCLAT)
- Securities Appellate Tribunal (SAT)
- Debt Recovery Tribunal (DRT) and Debt Recovery Appellate Tribunal (DRAT)
- Competition Commission of India (CCI)
- National Consumer Disputes Redressal Commission (NCDRC)
- National Green Tribunal (NGT)
- Telecom Disputes Settlement and Appellate Tribunal (TDSAT)
- Appellate Tribunal for Foreign Exchange (ATFE)
- Employees’ Provident Fund Appellate Tribunal (EPFAT)
- Writ petitions before High Courts and the Supreme Court for enforcement of rights in government contracts, tender disqualifications, and regulatory matters.
- Post-judgment enforcement, execution proceedings, and attachment of assets.
Criminal and Regulatory Matters
We represent and advise clients in criminal proceedings and regulatory investigations, including matters arising from corporate conduct and financial regulation:
- Representing clients in criminal proceedings before sessions courts, High Courts, and the Supreme Court of India.
- Advising on and representing clients in regulatory investigations and proceedings initiated by SEBI, the Enforcement Directorate (ED), the Central Bureau of Investigation (CBI), the Serious Fraud Investigation Office (SFIO), the Economic Offences Wing (EOW), the Directorate of Revenue Intelligence (DRI), and other statutory enforcement authorities.
- Drafting and filing responses to show cause notices, summons, and regulatory correspondence.
- Advising on criminal liability arising from corporate transactions, including successor liability following mergers and acquisitions.
- Securities regulatory litigation, covering enforcement actions under the SEBI Act, fraudulent and unfair trade practices, and market misconduct proceedings.
Arbitration and Mediation
Arbitration is the preferred mechanism for resolving most complex commercial disputes in India, and it is the area in which Acuity Law’s disputes practice has the deepest experience. Our expertise covers both the conduct of proceedings and the management of related court applications:
- Conducting domestic and international arbitrations, both ad hoc and under institutional rules including ICC, SIAC, LCIA, DIAC, and MCIA.
- Pre-arbitration strategy: advising on the arbitration agreement, seat and governing law, and the optimum approach to commencing proceedings.
- Emergency arbitration applications and interim measures under Section 9 of the Arbitration and Conciliation Act, 1996, including applications before Indian courts in support of foreign-seated arbitrations.
- Third-party litigation funding: advising on the regulatory and legal framework governing litigation funding arrangements in the context of Indian arbitrations, including the rights and obligations of funded parties.
- Japan-India cross-border arbitrations: representing Japanese corporations and investors in arbitrations arising from Indian transactions, joint ventures, and commercial arrangements. The firm’s Japan Desk provides direct support that bridges legal, cultural, and procedural expectations across both systems, and represents an area of genuine and demonstrated capability.
- Challenge and enforcement of arbitral awards, including proceedings under Section 34 (challenge to award) and Section 36 (enforcement) of the Arbitration and Conciliation Act, 1996.
- Mediation and facilitated settlement under the Mediation Act, 2023, including institutional and court-annexed mediation processes.
Cross-border Enforcement
Obtaining a favourable judgment or award is one thing. Enforcing it, particularly across borders, is where the real complexity often lies. Acuity Law has specific expertise in cross-border enforcement in both directions: enforcing foreign awards and decrees in India, and assisting clients in pursuing enforcement in international jurisdictions.
- Enforcement of foreign arbitral awards in India under the Arbitration and Conciliation Act, 1996, covering awards from New York Convention jurisdictions including the United States, United Kingdom, Singapore, Japan, and the UAE.
- Enforcement of foreign court decrees in India under the Code of Civil Procedure, 1908, including strategies for overcoming enforcement defences.
- Enforcement proceedings in international jurisdictions on behalf of Indian and Japanese clients, drawing on the firm’s network of international counsel.
- Multi-jurisdictional enforcement strategy: advising on the sequencing and coordination of enforcement actions across multiple jurisdictions where the debtor’s assets are located in more than one country.
- Anti-enforcement injunctions and defensive enforcement strategies for parties resisting the enforcement of foreign awards or decrees.
Key Professionals
Arbitration
Arbitration, a widely preferred mechanism of alternate dispute resolution is by and large used to adjudicate disputes of commercial nature. In recent times, arbitration has gained significant importance for settling disputes between parties due to its relatively speedy and flexible framework.
Here we deal with the fundamental principles of arbitration, its related procedure and relevant law in India.
The Commercial Courts Act
The Commercial Courts Act, 2015 was enacted to establish a distinct procedural framework for dealing with commercial disputes above a certain specific value. The main objective of the Act is to enable a speedy redressal of commercial disputes in India. Here we deal with the constitution of commercial courts and the procedure for dealing with commercial disputes in India.
Enforcement of Foreign Decree
Obtaining a decree in a legal dispute is a battle half won. However, decree holders intending to execute a foreign decree in India ought to be mindful not only of the laws of the country where the cause arose but also of the law governing enforcement of the decree in India. A pre-enforcement assessment with a comprehensive enforcement strategy would help parties enforce foreign decrees in a time and cost efficient manner. This primer deals with the fundamentals of enforcing foreign decree /judgment in India.
Shareholder's Protection
Shareholders, though not in direct control of a company, are the real owners of the company. The investments made by shareholders in companies entitle them to certain rights. This primer gives a broad overview of the various protections guaranteed to shareholders under India’s corporate legislation.
The Singapore International Arbitration Centre (SIAC)
SIAC is one of the key arbitration institutions in the field of international arbitration. Being an arbitral institution, the arbitrations held under the aegis of SIAC are governed by the SIAC Rules, 2016. In this primer, we have dealt with some of the points that need to be kept in mind while dealing with a SIAC arbitration.
‘Damages’ under the Indian Contract Act
Damages are the monetary amount payable by the defaulting party upon breach of a contract. In this primer, we throw light of the concept of ‘damages’ under the Indian Contract Act.
FAQs on Law of Evidence
In India, the law relating to evidence is provided in the Indian Evidence Act, 1872. In this primer, we have covered some important concepts related to types of evidence, manner of taking evidence and its relevancy as provided in the Evidence Act.
FAQs on Writs in India
An action or the inaction of any public authority may adversely affect the rights of the people. The most effective remedy for the protection of people’s rights and controlling administrative actions is efficient judicial control. In this primer, we undertake a discussion on writs, a fundamental tool for controlling administrative actions and protecting the rights of the people.
FAQs on Summary Suits in India
In India, summary suit is a procedure wherein courts pass judgments without necessarily hearing the defense of the accused party. It is a unique procedure through which aggrieved parties can recover their debts expeditiously. At first blush, it sounds too good to be true, but summary suits have their own procedures and distinct requirements. In this primer, we discuss the nitty-gritty for institution of summary suits and the procedure followed by courts.
The Mediation Act, 2023 (Act)
The Mediation Act, 2023 was notified by the Government of India on 15 September 2023. The Act codifies the laws pertaining to mediation and strives to promote mediation (especially institutional mediation) as a suitable alternative to other dispute resolution mechanisms. In this FAQ, we have set out some key features of the Act.
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