Commercial disputes are the part of prevailing nature of economic uncertainties in business, which requires right tactical decision at the shortest lead time to minimise the major impact to the business.
Our team of lawyers have extensive experience in advising businesses in variety of sectors, including Internet of Things, Cloud Computing, Big data, Artificial intelligence and Crypto-assets pertaining to the issues and providing appropriate advice to meet business commercial objectives.
Our lawyers work with business to conduct the regular contract audits for the potential risks and advice for necessary remediation appropriately. The various areas include:-
- Sale and supply of goods and services
- Agency, distribution and franchise agreements
- Warranty and indemnity claims
- Service Mergers, acquisitions and joint ventures
- Exclusion and limitation clauses
- Restrictive covenants
- Misrepresentation claims
- Breach of confidence
- E-commerce contract
- Breaches of trust and breaches of fiduciary duties
- Unjust enrichment, knowing receipt and dishonest assistance
- Professional service contract
- Procurement Fraud
What is contract dispute resolution?
Contractual disputes may be resolved by adopting any of the three options outlined below:
1. Negotiation
Negotiation is considered to be one of the easiest forms of dispute resolution. It is where both of the parties come to a resolution that is agreed by both, without the need for formal mediation.
2. Mediation and arbitration
Mediation or arbitration is an option available to resolve the dispute(s) if negotiation fails. It can also be voluntarily initiated by the parties based on the applicable contract clause. Mediation and arbitration are usually considered a cheaper and quicker method of dispute resolution compared to going to court.
The Arbitrator will hear both sides of the dispute and make a decision which is legally binding on the parties. All the proceedings of mediation and arbitration are very similar to court proceedings, including accepting evidence, questioning witnesses and deciding appropriate remedies.
3. Court proceedings
If a dispute cannot be resolved by ways of negotiation or mediation and arbitration, it will need to be taken to Court. The Court can try a dispute falling under its jurisdiction, depending on the monetary valuation of the claim made by either of the parties to the dispute.
Our specialist / dispute resolution advocates can provide support and guidance, tailored to your requirements, on a comprehensive range of jurisdictional issues including, but not limited to:
- The appropriate jurisdiction to bring your claim forward
- The benefits or disadvantages of bringing your claim in a particular jurisdiction
- The legal provisions that will govern your claim in a specific jurisdiction
- Acquiring access to relevant data and witnesses in foreign jurisdictions
To know more about the services or related assistance, you can talk to one of our commercial contract advocate by calling +91 766 9192 999. You can also fill in our Contact form to request a call back at your convenience.
FAQs- Contract Disputes
1) Damages An award of damages is a basic resolution offered for a breach of contract. Damages awarded are intended to put any affected parties into the same financial position they would have been in had the contract obligations been properly carried out. Not all damages are recoverable, particularly in cases where they are considered too remote to have been foreseeable. When a breach of contract is considered serious, the affected party is discharged from further obligations under the contract, either instead of or as well as, claiming damages.
2) Injunction It is possible to obtain an injunction relating to a breach of contract. In such cases, a court will order a party to perform a negative obligation. Injunctions fall into two main categories: Prohibitory injunction: An order that something must not be done Mandatory injunction: An order that something must be done
3) Specific performance An order for specific performance requires a party to perform a positive contract obligation, which will usually include them doing something they should have done as part of the contract. The court will usually only grant specific performance when it would be just to do so.
4) Recission Recission is the process of setting aside a contract by which each party is put back into a position similar to that they were in before the contract was made. This option may be available in cases where a contract has been concluded as a result of: Misrepresentation Duress Mistake Undue influence
5) Rectification This option only applies in cases involving written contracts, with the purpose of correcting mistakes made in recording agreements. The courts can rectify a written agreement that does not reflect the true deal between the parties.
Key Objective of NDA :
1- Protecting the essential Business information that is defined as “confidential” under the agreement to unauthorised parties.
2- Protecting the Intellectual Rights by serving the best interests of innovators of new products and intellectual property.
3- Classification of confidential and non-confidential information in writing to avoid any claim of ignorance, or the absence of knowledge regarding the “confidential” information.
NDA needs to meet all elements of the validity of a contract, whereas key elements of NDA are as follow:
1- Clearly defined Identities of all the Contracting Parties ( “disclosing party” and “receiving party”).
2- Duration must be defined.
3- Purpose must be clearly stated.
4- Definition of Confidential Information based on its classification must be clearly defined.
5- Rights & Obligation related to Confidential information must be clearly stated.
6- Reasonable Exclusion must be stated. Appropriate Jurisdiction to be included based on all the known variables such as Industry, cross-border implications etc.