Dispute Resolution

OVERVIEW

Acuity Law specializes in dispute resolution practice, providing expert advice and representation in civil, criminal, and arbitration matters. The firm is well equipped to provide end-to-end solutions to its clients and to assist them in protecting their interests in disputes against private parties as well as government agencies and regulators.

Acuity Law adopts a multi-disciplinary approach in dealing with disputes faced by its clients to provide solutions which are legally and commercially viable. From engaging with the client at a pre-dispute stage and assisting the client in adopting an appropriate strategy to representing the client before courts and tribunals, the Firm is well-adept at assisting clients throughout the life-cycle of a dispute.

ROLE

Civil Matters

Acuity Law engages in:

  • advising on pre-dispute strategy arising out of contractual disputes, statutory provisions etc.
  • formulating litigation strategies based on the nature of dispute and choice of dispute forum keeping in view conflict of laws
  • drafting all kinds of pleadings, in various dispute resolution forums
  • representing clients in various forums including the Hon’ble Supreme Court of India, various High Courts in India, various tribunals and quasi-judicial bodies such as the Telecom Disputes Settlement and Appellate Tribunal, the National Consumer Disputes Redressal Commission, the National Green Tribunal, the Employees Provident Fund Appellate Tribunal, Appellate Tribunal for Foreign Exchange, Competition Appellate Tribunal, the Competition Commission of India, the Enforcement Directorate, National Company Law Tribunal and National Company Law Appellate Tribunal, Debt Recovery Tribunal, Debt Recovery Appellate Tribunal, Telecom Regulatory Authority of India

Criminal Matters

Acuity Law assist clients in representing their cases in sessions courts, High Courts and the Hon’ble Supreme Court of India, with respect to criminal matters.

Arbitration

At Acuity Law, we strive to deliver satisfactory outcomes for our clients through assisting them in arbitration proceedings. Our expertise in this area is derived from our in-depth knowledge of substantive and procedural arbitration law and our vast experience in cross-border transactions. We understand our clients’ needs and are therefore able to bring complex and sophisticated arbitration matters to a satisfactory closure.

 

 

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.

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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.

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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.

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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.

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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.

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‘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.

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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.

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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.

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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.

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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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Key Professionals

Gautam Narayan

Of Counsel
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Aswin Prabhu

Of Counsel
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Shreyas Shrivastava

Of Counsel
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Souvik Ganguly

Managing Partner
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Altamash Qureshi

Senior Associate
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Richa Phulwani

Richa Phulwani

Senior Associate
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Purvi Doctor

Partner
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Related Posts

February 22, 2024

The triumph of arbitration clauses in insufficiently / unstamped agreements!

The Supreme Court in In Re: Interplay between Arbitration Agreements under the Arbitration and Conciliation Act 1996 and the Indian Stamp Act 1899 has finally put the issue to rest. A 7-Judge Bench of the Supreme Court has held that arbitration can be validly invoked on an insufficiently / unstamped agreement and the issue of…
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February 12, 2024

Delhi High Court: Directors cannot be made parties to the arbitration proceedings against the company through the group of companies doctrine

The Delhi High Court in its recent decision of Vingro Developers Pvt. Ltd. v. Nitya Shree Developers Pvt. Ltd. held that the directors of a company cannot be made parties to the arbitration proceedings against the company under the group of companies doctrine.   While distinguishing the facts of the matter from the recent Supreme Court…
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February 8, 2024

Group of Companies Doctrine in Indian Arbitration Landscape: The Dust settles

One of the reasons why arbitration is a highly preferred mechanism for adjudicating commercial disputes is that it provides clarity to the parties with respect to the forum that will adjudicate over the disputes arising out of the agreement. However, in certain cases, a party to the arbitration may want to involve a non-signatory to…
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January 2, 2024

Corporate Disclosure Vs. Arbitral Confidentiality: Striking The Right Balance

Introduction All listed companies in India need to make periodic disclosures to inform the stock exchange, its shareholders and the market about operations and activities undertaken by it. A recent amendment to the Listing Obligation Disclosure Regulations, 2023 (LODR Regulations) mandates a listed company to make disclosures concerning outstanding litigations, arbitrations and disputes. However, this…
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September 26, 2023

Comparative Advertising: Balancing Puffery and Avoiding Disparagement

Introduction Given the competition in consumer products space, various brands resort to comparative advertising to attract consumers. These brands must however adhere to the age-old adage of “your right to swing your arms ends just where the other man’s nose begins”. Brands may make exaggerated statements in their advertisements that may not be entirely true…
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October 3, 2023

Unregistered Agreement to Sell Admissible in Evidence

The Registration Act, 1908 (Registration Act) plays an important role when it comes to dealing with and managing information related to land and immovable property. Section 17(1) of the Registration Act provides for mandatory registration of certain documents. This mandatory registration safeguards the interests of all parties involved in property transactions. It establishes a foundation…
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October 16, 2023

Corporate Successor’s Criminal Liability in Banking Sector: Supreme Court clarifies the law

After a merger, successor corporations may find themselves liable for the criminal actions of their predecessors. This means that they might have to defend themselves against criminal charges related to transactions they were not directly part of, and this could occur years after the transactions took place. When these criminal charges are brought forward, the…
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October 16, 2023

Unilateral appointment of arbitrator: A legal quandary

Indian Courts have consistently maintained the position that unilateral appointment of an arbitrator is legally untenable and bad in law. It was reasoned by the Courts that when one party unilaterally appoints an arbitrator, it creates an imbalance of power, leading to reasonable concerns about the arbitrator's impartiality. As the independence and the impartiality of…
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February 17, 2023

No withdrawal of insolvency after approval of Resolution Plan

Introduction The Insolvency and Bankruptcy Code, 2016 (Code), in its original form, did not include provisions with respect to withdrawal of an application for the initiation of corporate insolvency resolution process (CIRP). However, pursuant to various judicial pronouncements[i], Section 12A was inserted[ii] in the Code permitting withdrawal of CIRP with the approval of 90% voting…
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February 13, 2023

Arbitrability of disputes: A new face to the composite approach

In an international commercial arbitration, there are at least 5 (five) systems of law that have a material bearing on the procedure and outcome of an arbitration. These 5 (five) systems of law are (i) laws governing the contract; (ii) laws governing the arbitration agreement; (iii) laws governing the arbitral proceedings; (iv) laws governing the…
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February 9, 2023

Arbitration clause in tax invoice is binding

An arbitration agreement is an agreement between the contracting parties through which disputes that might crop up between the parties are to be resolved by arbitration. It is not only a common but also a very crucial feature of commercial contracts of our times. Under the Arbitration and Conciliation Act, 1996 (Act), certain attributes[i] must…
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February 8, 2023

New development: NCLT’s power to direct forensic examination of documents

Introduction The provisions regarding ‘oppression and mismanagement’[i] in companies under the Companies Act, 2013 (Companies Act) are an integral part of the corporate governance structure in India. Where the affairs of the company are being conducted in a manner where the rights of some shareholders are being adversely affected or there is serious or continuous…
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January 2, 2023

‘Seat’ of arbitration can be determined from the purpose of the contract

In arbitration, the ‘seat’ mentioned in the arbitration agreement determines the court that would exercise supervisory jurisdiction over the arbitral proceedings. As parties may be required to approach a court for appointment of arbitrator or for seeking interim relief or for taking directions to seek evidence, etc., the ‘seat’ is an important facet of the…
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July 28, 2022

Delhi High Court on ‘close family relationship’ between arbitrators and parties

Introduction One of the cardinal rules of natural justice is that no one should act as a judge in a case where they have a personal interest. This is because a judge may harbor some bias (or perceived to have some bias) which may ultimately affect an otherwise equitable outcome in cases where the judge…
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August 3, 2022

Vidarbha Industries: Extending the power of NCLT under Insolvency Law

The Insolvency and Bankruptcy Code (Code) provides the right to a financial creditor to make an application to the National Company Law Tribunal (NCLT) for initiation of corporate insolvency resolution process (CIRP) against a corporate debtor in the event the debtor fails to repay its debt owed to the creditor. The Code as well as…
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November 8, 2022

CPC not applicable for granting interim reliefs under Arbitration Act

In India, procedural law relating to civil and commercial disputes is governed by the Code of Civil Procedure, 1908 (CPC). The CPC lays down the procedure for administration of civil proceedings including rules for filing of suits, written statements, filing of documents, evidence, permissible reliefs, and enforcement.   While CPC is applicable to every commercial dispute…
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November 4, 2022

Supreme Court on mandatory mediation in the era of docket explosion

Commercial and contractual disputes in India have arisen multifold with the steady increase in commerce and investment. Given the complex nature of commercial disputes involving multi-layered transactions, the 253rd Law Commission Report (Law Commission Report) recommended passing a separate legislation for speedy disposal of commercial disputes. In such a background, the parliament enacted the Commercial…
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October 6, 2022

Relevance of “Readiness and willingness” for grant of specific performance

Specific performance of a contract refers to a remedy wherein the court compels the defaulting party to perform its obligations under the contract. This remedy has emerged as a form of equitable relief and does not require an express contractual provision. The Specific Relief Act, 1963 (Act) is the governing statute for specific performance as it…
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September 14, 2022

Re-presentation’ of appeal is not fresh filing

Under the Insolvency and Bankruptcy Code, 2016 (Code) and under the Companies Act, 2013 (Act), an order of the National Company Law Tribunal (NCLT) can be appealed before the National Company Law Appellate Tribunal (NCLAT). The time-period for filing such an appeal is maximum of 45 days under the Code and 90 days under the Act. Further, the NCLAT…
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September 14, 2022

Demystifying arbitral tribunal’s power to make changes to the arbitral award

An arbitral tribunal is a creation of a contract between parties. The tribunal is brought to life when the parties decide to refer their inter-se disputes to the tribunal and once the final award is passed, the tribunal’s mandate comes to an end. However, under the Arbitration and Conciliation Act, 1996 (Act), termination of the…
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September 5, 2022

Power of arbitral tribunal to modify its interim orders

The parties to arbitration have limited remedies under the appeal provision against the orders of the arbitral tribunal. While the Arbitration and Conciliation Act, 1996 (Act) contemplates appeal from interim orders of the arbitral tribunal to courts, such orders cannot be reviewed or recalled by the arbitral tribunal itself. This brings one to the question…
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August 16, 2022

Arbitration law and interim reliefs against third parties

This article discusses the scope and power of courts under Section 9 of the (Indian) Arbitration and Conciliation Act, 1996 (the Act), which deals with interim measures that may be granted by the court. Section 9 is worded as follows: 9. Interim measures, etc., by Court - (1) A party may, before or during arbitral…
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May 5, 2021

Right of Indian Parties to choose Foreign Seated Arbitration

Supreme clarifies legal dilemma on right of Indian parties to choose a foreign seat of arbitration On 20 April 2021, the Supreme Court vide its judgment in PASL Wind Solutions Private Limited v. GE Power Conversion India Private Limited finally laid to rest the quandary on whether two Indian parties can adopt a foreign seat of arbitration. The three-judge bench of the Supreme Court held that nothing…
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November 17, 2022

Resolving the Conundrum Between the MSMED Act, 2006 and the Arbitration and Conciliation Act, 1996

Introduction The Micro, Small, and Medium Enterprises Development Act, 2006 (MSMED Act) was enacted to ensure timely and smooth flow of credit to small and medium enterprises while promoting, developing and enhancing the competitiveness of micro, small and medium enterprises. This came at a time when the Arbitration and Conciliation Act, 1996 (Arbitration Act) had…
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December 20, 2021

The Moratorium and Termination of Agreements

On 23 November 2021, the Supreme Court of India, in the case of TATA Consultancy Services Ltd. v. Vishal Ghisulal Jain, Resolution Professional, SK Wheels Pvt. Ltd. (TCS Case), clarified that the jurisdiction of the National Company Law Tribunal (NCLT) under the Insolvency and Bankruptcy Code, 2016 (Code) cannot be invoked by the corporate debtor if…
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June 22, 2021

Delhi HC Establishes Precedent by Granting Anti-enforcement Injunction

In a first, the Delhi High Court (“DHC”) on 03 May 2021 granted an anti-enforcement injunction in a suit filed by Interdigital Technology Corporation (“Interdigital”) against Xiaomi Corporation (“Xiaomi”). The DHC was dealing with a suit instituted by Interdigital seeking injunction against Xiaomi for alleged infringement of patents of Interdigital. The facts leading up to…
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April 6, 2020

Foreign Seated Arbitration Between Indian Parties – A Legal Quandary

The choice of seat is one of the most important considerations for parties entering into an arbitration agreement. A mistake in choosing the wrong jurisdiction as the seat for the arbitration may take away the benefits which accrue to the party from a systematic arbitration mechanism. A number of parties prefer to conduct their arbitration…
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April 10, 2020

Emergency Arbitration and Its Enforceability in Indian Context

Quite often, the chances of determining the success of enforcing a favorable decree depend on interim reliefs obtained by a party during the nascent stages of the proceedings. This is especially true for commercial litigation since obtaining the interim relief will ensure that the successful party is able to enforce the decree without expending any…
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April 17, 2020

The Force Majeure Defence – Is it a Silver Bullet?

Economies and businesses across the world have been disrupted in the wake of the COVID-19 disease (COVID-19). The World Health Organisation (WHO) on 30 January 2020, in the second meeting of the Health Committee, constituted under the International Health Regulations 2005 (IHR), declared that the outbreak of COVID-19, constitutes a Public Health Emergency of International…
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September 16, 2020

Arbitrability Of Lease Disputes in India: A Conundrum?

The past decade has seen a growth of dispute resolution through Arbitration in India making India a pro-arbitration center. The essence of the Arbitration and Conciliation Act (hereinafter ‘act’) is to provide an alternative redressal mechanism by reducing the intervention and burden on the courts in India. The act aims at minimizing the intervention of…
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June 17, 2021

Consequences of an Unstamped Arbitration Agreement

The world over, contracts are the touchstone of commercial interaction. By entering into contracts, one assumes that each party will hold up their end of the bargain. However, the mere fact that there exist dispute resolution processes in all civilized countries for dealing with resolving commercial disputes, is indicative that in many situations misunderstandings arise…
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July 26, 2023

Enhanced powers of courts at pre-referral stage – a new trend!

Introduction One of the key objectives of the Arbitration and Conciliation Act, 1996 (Arbitration Act) is expeditious disposal of commercial disputes. However, it is often seen that arbitration is marred by the time spent in courts at the pre-referral stage, especially during the appointment of the arbitral tribunal. In this background, the Supreme Court in…
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June 5, 2023

Arbitrability of Trademark Disputes

Introduction  Arbitration has evolved over the last few years as a preferred mode for resolving commercial disputes. In general, arbitral tribunals can adjudicate any civil or commercial dispute, provided that (a) the dispute is covered under the arbitration agreement, (b) referred to arbitration by the parties involved and (c) is capable of being resolved by…
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May 26, 2023

Insufficiently stamped agreement and the defeat of arbitration!

Introduction Expeditious and efficacious dispute resolution is essential for creating a business-friendly environment. In its 246th Report, the Law Commission of India observed an emerging trend towards judicial intervention in arbitration. To tackle the same and make India a pro-arbitration jurisdiction, it was recommended to amend the Arbitration and Conciliation Act, 1996 (Arbitration Act). Keeping…
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May 25, 2023

Writ jurisdiction not bound by ‘seat’ of arbitration

Introduction In an arbitration agreement, parties can agree on a 'seat' and 'venue'. The 'seat' in arbitration law refers to the legal jurisdiction governing the arbitration proceedings, while the 'venue' denotes the physical location where the arbitration hearings take place. If the agreement does not specify a 'seat' but clearly states a 'venue', then that…
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May 24, 2023

Reasoning’ the award

“Reason is the soul of justice. Any order passed, whether in the exercise of judicial or administrative powers vested in the authority, must be speaking.” – said the Delhi High Court[i] while holding that giving of reasons for decision is an essential attribute of judicial and judicious disposal of a matter. Indian courts have repeatedly emphasized on…
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