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ARTICLE · 31 OCTOBER 2022

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How To Resolve Business Contract Disputes

Khaitan & Co.
Khaitan & Co.
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Khaitan & Co.

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Therefore, whilst parties may contractually agree to make the outcome of expert determination binding on them, an arbitration award or court order will be necessary to enforce the determination...

United StatesLitigation, Mediation & Arbitration
Kartikey Mahajan
Kartikey Mahajan
Kingshuk Banerjee
Kingshuk Banerjee
Raj Panchmatia
Raj Panchmatia
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Since India is seeing rapid foreign investment, foreign investors need to have a clear understanding of the various forms of dispute resolution available to them in case their business contracts give rise to disputes. In this article, we discuss the various modes of resolution of business contract disputes in India.

1. LITIGATION

As a preliminary point, India is a common law country with an adversarial system of dispute resolution. Statutes and judicial precedents are the primary sources of law. Though litigation is the most common mode of dispute resolution, it has its own challenges as the Indian courts are overburdened with an enormous backlog of cases. This leads to a delay in the resolution of disputes. Such delay in resolution of disputes results in heavy monetary losses to the litigating parties, thus impacting the ease of doing business in India.

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