Litigation Dispute Resolution Comparative Guide

1 Legal framework

1.1 What system of jurisprudence applies in your jurisdiction? What implications does this have for litigation?

The Indian legal system is rooted in the common law, inherited from its British colonial past. This impacts on litigation in India as follows:

• English law: Most commercial courts are influenced by or based on English law.
• Stare decisis: Lower courts are bound by the rulings of higher courts in similar cases. This promotes consistency and predictability of legal outcomes. Lawyers often cite relevant precedents to support their arguments.
• Role of judges: Judges act as umpires in adversarial style litigation. Their role is to interpret laws and shape legal principles through their decisions.