Commercial Dispute

A commercial dispute is defined to include any dispute related to transactions between merchants, bankers, financiers, traders, etc. Such transactions deal with mercantile documents, partnership agreements, intellectual property rights, insurance, etc.

The Commercial Courts Act, 2015 was introduced by the government to reduce the pendency of the Commercial Disputes which earlier were dealt with under the category of regular suits. This step taken by the government has well enabled both domestic and foreign investors to gain trust in the Indian markets.

The Commercial Courts Act, 2015 came into force on 23rd October 2015, section 2(b) of the Commercial Courts Act, 2015 says that the Commercial Court is what is defined under section 3(1) of the said act.

According to this section, the government may constitute commercial courts at the District level by notification after consultation with the High Court, Commercial Disputes having a specific value of fewer than 3 lakhs and not more than 1 crore come under the jurisdiction of district courts.

Commercial Disputes are defined under section 2(c) of the Commercial Courts Act, 2015.

1. In the routine transactions of merchants, bankers, financiers, and traders, there is a debate over the enforcement and interpretation of papers.

2. Export and import of goods and services.

3. Admiralty and marine law issues.

4. Transactions involving aircraft, aircraft engines, aircraft equipment, and helicopters, such as sales, leasing, and financing.

5. Carriage of goods is a term that refers to the transportation of things.

6. Tenders and contracts connected to building and infrastructure.

7. Agreements for the use of immovable property in trade.

8. Agreements for franchising.

9. Agreements regarding distribution and licensing.

10. Agreements for management and consulting.

11. Agreements forming a joint venture.

12. Agreements between shareholders.

13. Agreements relating to subscriptions and investments in the services business, such as outsourcing and financial services.

14. Mercantile agency and mercantile use are two terms that are used interchangeably.

15. Partnership Agreements.

16. Agreements on technological advancements

17. Trademarks, copyright, patents, domain names, geographical indications, and semiconductor integrated circuits are all examples of intellectual property rights.

18. Contracts for the sale of products or the rendering of services.

19. The exploitation of natural resources such as oil and gas deposits, as well as the electromagnetic spectrum.

20. Insurance and reinsurance are two types of insurance.

21. Any of the following can be covered by an agency contract.

22. Other business conflicts that the Central Government has been made aware of.

Types of Commercial Disputes:

1. Disputes arise between two businesses because of a breach of the contractual relationship or any other contract-related issue which does not fit with the existing contract and leads to disagreement between the parties.

2. Customers whose expectations do not match with the product quality or services provided by the company or matters related to unfair trade practices are covered under this type.

3. Matters which give rise to IPR infringements between two businesses or issues regarding the land dispute in which the said land is used for commercial purposes are also covered under commercial disputes.

Our practice is primarily focused on commercial, contractual, and regulatory disputes. While advising our clients, we consider their business objectives and proceed to assess the commercial viability and reputational risks of litigation and practical solutions. We handle matters before courts, quasi-judicial authorities as well as tribunals, including the Supreme Court of India, Calcutta High Court, District Courts, Commercial Court, National Company Law Tribunal, National Company Law Appellate Tribunal, Debts Recovery Tribunal, Debts Recovery Appellate Tribunal, National Green Tribunal, and Consumer Forums.