Commercial Litigations: Involving Higher Stakes
With the rise of business transactions, it has undoubtedly increased commercial disputes. Having a lack of resources can lead to engaging in commercial litigation which can prove to be very costly for the business. The attorneys dealing with commercial litigation have extensively engaged themselves with the litigation process. The business must be very cautious in its approach with regards to getting ahead with the commercial litigation. The rise of commercial litigation is attributed to the never-ending international business focusing on cross-border commercial transactions. Different regulatory requirements and corporate scrutiny also drive commercial litigation. With the advent of international business and with the involvement of more multinational corporations, the stake involved in such disputes amounts to millions of dollars. And that is why the aim for this has to bring it cost-effectively and efficiently.
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Understanding Commercial Litigation
The disputes which are primarily between business entities concerning any such commercial transaction involving the corporation will invite commercial litigation. Commercial litigation is different from what we understand the civil litigation. Primarily the civil litigation involves a non-criminal legal dispute where the parties sue for enforcing their rights and seek damages or specific action. Nevertheless, the procedures of both the civil and commercial litigation are just the same where both the parties are engaging in investigation and applying the applicable law, and negotiating the settlement. Moreover, both the parties participate in the motion hearing and appearing before the court.
Generally, commercial litigation covers every type of dispute that can arise in the business which can include contract disputes or partnership/joint venture disputes, class actions, business torts, shareholder issues, etc. It is very important in the commercial dispute to access the merits of the disputes and perform due research to present the case that satisfies the legal and business need. The skills that are required to get the case in favor, are always the same. Efficiency and providing strong arguments are always indispensable for the case. In commercial litigation, which involves a lot of money, the aim must be to bring at a reasonable cost.
For commercial litigation which involves high-end businesses, it is important to understand the motivation and nature of the parties. Understanding this will help in knowing the weak points that can be used in the case. The litigation approach has seen a dramatic change in the last decade where the cases have become more complex and the research becomes more difficult making the stakes even higher for the cases. Changing the attitude for the cases must be done and the firms must implement a creative legal approach to each problem. Taking a heavy recourse over the factual data and managing it to resolve the dispute can prove to be beneficial in commercial litigation.
IPLF
It is very important to take recourse from professional attorneys since the disputes can have a tremendous effect on the management and expenditure. The team at IPLF has experts who have years of experience in the domain of commercial litigation. Contract / Agreement Drafting, Vetting, and other Litigation Support services are offered by the specialized team of lawyers across 13 offices in India, providing the clients with well-strategized legal opinions at all stages of Commercial Litigation to help resolve such litigation through various other means and procedures such as Mediation, Conciliation, Neutral Evaluation, Pre-Arbitral Referee, Mini-trial or even re-negotiation of contracts, before the same end up before a court of law. Our team of experts has rich experience and skill in matters pertaining to the Companies Act and the Insolvency & Bankruptcy Code (IBC) before the National Company Law Tribunal (NCLT) and the National Company Law Appellate Tribunal (NCLAT) including other aspects of Business and Corporate Laws in India and the incorporation of Companies, Corporate Restructuring, Oppression/Mismanagement, winding up inter alia.
The services provided include but are not limited to Breach of Contract, Partnership Disputes, Shareholder Disputes, Director Disputes, Private Deals Regulatory investigation and litigation, cybersecurity matters, bankruptcy proceedings, etc.
Author: Saransh Chaturvedi (an advocate) currently pursuing LLM from Rajiv Gandhi School of Intellectual Property Law (IIT Kharagpur). In case of any queries please contact/write back to us at support@ipandlegalfilings.com.
