A dispute strategy starts with the outcome you need: payment, continued performance, protection of property, an orderly exit or a defence against a claim. Kothari & Jain advises on civil and commercial litigation, arbitration and negotiated resolution, with attention to the evidence, commercial cost and enforceability of the result.
Disputes covered
Issues may arise from unpaid invoices, failed contractual performance, partnership or shareholder disagreements, property transactions, terminated commercial relationships or competing claims over money and assets. The initial task is to establish what was agreed, what happened and which remedy fits the problem. A contractual dispute may involve several related proceedings, so the positions taken in notices, pleadings and settlement discussions need to remain consistent.
Choosing the appropriate forum
The Arbitration and Conciliation Act, 1996 contains the framework for arbitration agreements, tribunal proceedings, interim measures, challenges and enforcement. An arbitration clause requires careful reading: its scope, seat, appointment mechanism and institutional rules can materially affect the route. The mere presence of the word “arbitration” does not settle every issue of jurisdiction or maintainability.
Court proceedings may instead be required, or may support an arbitration where the law permits. Urgent protection of assets or evidence must be considered separately from the final claim. Whether negotiation is worthwhile also depends on the counterparty’s ability to perform a settlement and whether waiting would prejudice a legal right.
What to prepare
Bring the complete contract and amendments, purchase orders, invoices, delivery or acceptance records, account statements, payment details and relevant communications. Add any notices, pleadings and orders already received. A concise chronology should identify the agreed obligations, alleged breach, responses and current position. Preserve original electronic records and their context; selected screenshots may omit details needed to understand the exchange.
Prepare a realistic loss calculation. Separate the principal amount from contractual interest, incidental expenses and losses that will require stronger proof. Identify known assets, guarantees or security without assuming that winning a case will automatically produce payment.
From review to resolution
The work may include legal assessment, notices and replies, settlement terms, pleadings, interim applications, evidence preparation and representation within the agreed engagement. Litigation or arbitration planning should address limitation, jurisdiction, costs, evidence gaps, procedural obligations and enforcement. An early review is especially useful where a contract contains a notice or escalation process.
Common questions
Is arbitration always quicker or cheaper?
No. Tribunal fees, complexity, procedural choices, cooperation and later court proceedings affect time and cost. The mechanism should be assessed against the particular dispute.
Should I file immediately or negotiate first?
That depends on urgency, contractual requirements and limitation. Negotiation should be organised so that deadlines and evidence preservation are not overlooked.
Can an award or decree be recovered automatically?
No. Enforcement may require additional steps, and practical recovery depends on the debtor’s circumstances and available assets.
Discuss your matter
Contact the firm to arrange a consultation and confirm the documents required. Call +91 87936 60616 or +91 78877 18191. Please initially share the parties’ names, a brief description and any approaching deadline; detailed records can follow after the preliminary conflict check.
Official legal references
References reviewed on 11 October 2026. This overview is general information; the applicable law and remedy depend on the facts and dates of the matter.