Litigating in India commercial courts as a foreign company.
The Commercial Courts Act 2015 created dedicated commercial courts and divisions to hear commercial disputes above a specified value on an expedited, case-managed track, with pre-institution mediation, strict timelines and a specialist bench. For a foreign litigant this is a materially better forum than ordinary civil litigation for contract, recovery and commercial disputes with an Indian nexus.
The regime introduces case-management hearings, costs consequences and summary judgment, which reward a well-prepared claim and penalise delay. AMLEGALS represents foreign litigants before the commercial courts across contract, recovery, shareholder and commercial disputes - from pre-institution mediation and pleadings through case management to trial and appeal - and advises on when this forum is preferable to arbitration.
Advising whether the commercial court or arbitration is the better forum for the dispute.
Managing the mandatory pre-institution mediation where interim relief is not sought.
Preparing pleadings, statements of truth and disclosure to the commercial-court standard.
Seeking injunctions, attachment and other interim relief.
Conducting case-management hearings, summary-judgment applications and trial.
Advising on and conducting appeals from commercial-court orders and decrees.
A dedicated court or division established under the Commercial Courts Act 2015 to hear commercial disputes above a specified value on an expedited, case-managed basis with specialist judges, strict timelines, disclosure obligations and costs consequences.
Generally yes for commercial disputes meeting the value threshold, because of the specialist bench, structured case management, summary-judgment option and faster timelines. AMLEGALS advises on the forum and conducts the proceedings.
Pre-institution mediation is mandatory for commercial suits that do not seek urgent interim relief. Where urgent relief is needed, the suit can be filed directly. AMLEGALS manages the mediation and the filing strategy.
No. No engagement is treated as accepted until conflicts, scope and terms are confirmed in writing. An initial discussion is confidential and is used only to understand the matter and assess fit.
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