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Contractual disputes can arise before, during or after a contract has been entered into. It is therefore important to ensure contracts are drafted comprehensively. Examples of such disputes include the provision of faulty goods and services, the pursuit of unpaid debts and recovering damages arising from breaches of business contracts.
Once a dispute surfaces, we always encourage our clients to resolve matters quickly without resorting to litigation to preserve the contractual and business relationships. If this is not possible, we will take effective and where necessary immediate action to protect your position.
Contractual Disputes
- A contract is an agreement giving rise to obligations which are enforced or recognised by law. When contracting parties’ sign such an agreement they mutually agree to perform their part of the obligations stipulated in the agreement.
- Contract law governs the relationship, content and validity of such an agreement and covers a wide range of agreements, from sale of goods/provision of services to exchanges of interests or ownership.
- Contract law essentially comes into play when the agreement terms are breached or about to be breached and the aggrieved party needs to enforce the terms of the agreement. Our commercial and litigation teams combine to assist and advise you throughout the contractual process, from drafting the contract to your specific requirements, to advising and representing you if there has been a breach of contract.
E-Commerce Disputes
E-commerce transactions function on trust among sellers and buyers who are unlikely to ever see or speak to each other.
Inevitably, some of these transactions are bound to turn into disputes, but it is not always effective to take the matter to court. For example, if you are buying a product from a seller in the United Kingdom and you disagree over a sale transaction worth only a couple thousand rupees, it is not worthwhile spending more than the sale price on trying to obtain redress, reliable products, clear return/refund policies and a multi-language web site may not be enough.
Using an independent, neutral and inexpensive dispute resolution process is usually the best approach to such disputes. The purpose of mediation is not to determine which party is right or wrong, but to help both sellers and buyers reach a settlement which both can accept.
We can assist with the entire mediation process to ensure it meets all the parties’ requirements. Our team offers efficient and timely advice in e-commerce disputes to ensure an appropriate solution is obtained.
Partnership Disputes
We regularly advise on disputes between partners and members of limited liability partnerships.
Partnership disputes commonly arise after a partner retires or is expelled from the partnership or when the partnership is to be wound up. Such disputes require a high level of sensitivity, with reputations and careers usually at stake.
We provide tactical and commercial advice, from practical steps before a dispute gets out of control to robust advice on mediation and settlement. Where court proceedings become necessary, our experienced litigation team will provide comprehensive advice and guide you through the process.
We also offer the following services:
- Business Contracts
- Partnership Agreements
- Indemnity Agreements
- Non-Disclosure Agreements
- Purchase Orders
- Security agreements
- Share purchase agreements
- Shareholders’ and investors’ agreements
- Banking and Security agreements
- Company Secretarial documents