Resolving disputes related to corporate law in India typically involves a combination of negotiation, alternative dispute resolution (ADR) methods, and litigation, depending on the nature and complexity of the dispute. Here are the steps you can take to resolve corporate law disputes in India: Negotiation and Informal Settlement: Initially, try to resolve the dispute through negotiation and informal discussions with the other party. Open communication can sometimes lead to an amicable resolution. Mediation and Conciliation: If negotiation fails, consider mediation or conciliation. A neutral third party (mediator or conciliator) helps facilitate discussions between the parties to reach a mutually acceptable settlement. Mediation and conciliation are voluntary and can be quicker and less adversarial than litigation. Arbitration: Arbitration is a common alternative to court litigation in corporate disputes. It is a formal process where an arbitrator or a panel of arbitrators (often experts in corporate law) decides the outcome of the dispute. Arbitration clauses in contracts often specify the rules and procedures to be followed. Ombudsman or Grievance Redressal Mechanisms: Some industries and regulatory bodies have ombudsman or grievance redressal mechanisms in place to handle specific types of corporate disputes. These mechanisms are designed to provide a structured and impartial process for resolution. Statutory Approaches: In certain cases, corporate law disputes may be resolved through statutory mechanisms, such as the National Company Law Tribunal (NCLT) for matters related to company law, mergers, and insolvency. Litigation: If all other methods fail or are not applicable, you may need to resort to litigation. Corporate law disputes can be filed in civil courts or specialized tribunals, depending on the nature of the dispute. Engage a competent corporate lawyer to represent your interests in court. The litigation process involves filing a complaint, gathering evidence, presenting arguments, and attending court hearings. Appeals: If the court's decision is unsatisfactory, you can appeal to a higher court. The appellate process allows you to challenge the lower court's decision on legal grounds. Compliance with Court Orders: If the court issues an order or judgment in your favor, ensure prompt compliance with it, as failure to do so can result in contempt of court proceedings. Enforcement of Foreign Judgments and Arbitral Awards: If the dispute involves international parties or elements, you may need to consider the enforcement of foreign judgments or arbitral awards. India is a signatory to international conventions facilitating such enforcement. Legal Counsel: Throughout the dispute resolution process, seek guidance and representation from an experienced corporate lawyer who is well-versed in Indian corporate law and dispute resolution procedures. Cost-Benefit Analysis: Evaluate the potential costs and benefits of each dispute resolution method and choose the one that best suits your business's interests and resources. Resolving corporate law disputes in India can be a complex and time-consuming process. It is essential to understand the specific legal provisions, contractual obligations, and the nature of the dispute to determine the most appropriate course of action. Legal counsel is crucial in navigating the process and ensuring that your rights and interests are protected.

Dear client, What do you understand by the term ‘dispute’? Dispute is the event where opinions are in disparity. Dispute can happen between two people or parties or among people or parties. Hence, the conclusion is not reached and to find the conclusion the dispute should be resolved. Then the question comes, “how to resolve the dispute?” The dispute can happen anywhere in the society even in the family and at corporate level. The dispute is handled in several ways in different places. Here we are going to discuss about dispute at Corporate level. In the British era the disputes were handled by native people and later was handled by Common law brought by English judicial to Indian Judicial system days. Post Independent, the commercial community got inclined towards arbitration for settlement of their disputes. Later, Legal Services Authority Act (1987) established the concept of resolution of dispute through Arbitration, Mediation, Conciliation and Negotiation. The Act provides for holding Lok Adalat where disputes are pending before the Courts. Ways to settle disputes other than through litigation have adopted by many different sectors. A conflict resolution system evolved aiming to extend the spectrum of mechanisms available for conflict resolution. Collectively, these techniques have been given the acronym ADR—standing for Alternative Dispute Resolution. Alternative Dispute Resolution (ADR) refers to a variety of processes that help parties resolve disputes without a trial. The major ADR modes in India include Arbitration, Conciliation, Mediation & Negotiation. The traits of ADR are effectiveness, less-expensive, less technicalities, flexible and maintains healthy relationship between parties. One of the unique features is it involves a neutral third party in the process. Let’s discuss Arbitration, Mediation, Conciliation and Negotiation in brief; Arbitration: In this technique of resolution parties refer their dispute to one or more persons called arbitrators. Decision of arbitrator is bound on parties and their decision is called ‘Award’. The object of Arbitration is to obtain fair settlement of dispute outside of court without necessary delay and expense. Mediation In Mediation a third neutral party aims to assist disputants in reaching agreement, called as mediator. A mediator’s duty is to resolve dispute harmoniously by using appropriate communication and negotiation techniques. This process is totally controlled by the parties however it has to go through various stages to reach the agreement. Mediator’s work is just to facilitate the parties to reach settlement of their dispute. Conciliation Conciliation is a form of arbitration with less formality. It is the process of facilitating a harmonious resolution between the parties, whereby the parties to the dispute use conciliator who meets with the parties separately to settle their dispute. Conciliator meet separately to parties. Negotiation Negotiation is bipartite process and communication based. Negotiation tends to be a voluntary exercise i.e. by mutual consent. However, Negotiation is non-binding by nature that is it doesn’t legally bind the concerned parties. Should you have any queries, please feel free to contact us!