Contract Dispute Lawyer

How It Works

1. 1

   Contract Review and Dispute Analysis

   Advocate examines the contract, identifies the obligations in question, assesses whether a breach has occurred, evaluates the defences available to the other side, and advises on the quantum of recoverable damages.

2. 2

   Legal Notice of Breach

   A formal notice is issued specifying the breach, quantifying the damages claimed, and demanding performance or payment within a defined period, which preserves the claimant's position and may prompt settlement.

3. 3

   Mediation or Negotiation

   Where a Commercial Court suit is contemplated, pre-institution mediation under Section 12A of the Commercial Courts Act is mandatory (except for urgent matters). Advocate represents the client in mediation with the objective of achieving a cost-effective settlement.

4. 4

   Arbitration or Court Filing

   If the contract contains an arbitration clause, a notice invoking arbitration is issued under Section 21 of the Arbitration and Conciliation Act, 1996. If not, a plaint or statement of claim is filed in the appropriate Commercial Court or civil court.

5. 5

   Interim Relief Application

   Where there is a risk of the defendant disposing of assets or continuing to breach, an urgent application for an interim injunction or attachment before judgment under Order 39 CPC or Section 9 of the Arbitration Act is filed.

6. 6

   Evidence, Hearing, and Award or Decree

   Documentary and oral evidence is placed before the arbitral tribunal or court, arguments are made, and the tribunal or court delivers an award or decree that is then enforced through execution proceedings.