commercial disputes

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Does time spent in mediation fall outside the timeline for filing Written Statement?

Introduction:

It is settled law under the mandate of the Code of Civil Procedure, 1908, that maximum 120 days will be provided for filing of a written statement in a commercial suit. On expiry of 120 days from the date of service of summons, the defendant shall forfeit the right to file the written statement, and the Court shall not allow the written statement to be taken on record[1]. For regular or non-commercial civil suits, the period for filing the written statement is 90 days from the date of service of summons[2], however, it can be extended at the discretion of the Court. Continue Reading Does time spent in mediation fall outside the timeline for filing Written Statement?

The Uphill Battle of Challenging a Compromise Decree

Introduction:

Judicial pendency has been a roadblock in India’s quest to becoming a leading global economy. Although attributable to numerous factors, addressing the floodgate of litigation in the country is undoubtably the need of the hour[1]. Accordingly, various approaches have been adopted to promote the amicable settlement of pending litigation, including through alternate dispute redressal forums such as mediation, national lok adalats, etc., or by the volition of the State through numerous schemes such as Vivad se Vishwas[2].Continue Reading The Uphill Battle of Challenging a Compromise Decree

Arbitrability of IP Disputes – A Step Forward?

Arbitration as a means of resolving commercial disputes has progressively become the default mechanism around the world, including in India. However, the public policy exception may be invoked to make certain subject matter inarbitrable. This article deals with one of these putatively inarbitrable areas in India: intellectual property and the reasoning of the Indian courts to render intellectual property disputes inarbitrable.Continue Reading Arbitrability of IP Disputes – A Step Forward?