Pre-Litigation Strategy & Dispute Resolution

Pre-Litigation Strategy & Dispute Resolution

Today businesses encounter complex commercial and legal issues which require a holistic approach to address the same. The firm specialises in carefully crafting the entire pre-litigation and dispute resolution strategy for clients to be comprehensively adopted across multiple fora and regulators. The firm also represents clients before various fora and regulators and is preferred for its pro-active and holistic approach in advising on dispute resolution matters.

Areas of practice

  • Pre-litigation Strategy: We advise on formulating the entire pre-litigation strategy for corporate disputes, commercial family disputes and disputes involving high net worth individuals, starting from the stage of apprehended disputes all the way upto disputes reaching courts and quasi-judicial fora.
  • Dispute Resolution: The firm advises and represents clients before various fora in respect of domestic and cross-border disputes and endeavors that dispute resolution and disposal is timely, commercially viable and benefits the client.
  • Regulatory Action: The firm advises and assist clients in end-to-end representation before regulatory authorities including Registrar of Companies (ROC), Reserve Bank of India (RBI) and Securities and Exchange Board of India (SEBI).
  • Alternate Dispute Resolution (ADR): The ADR mechanism of dispute resolution in India has recently gained prominence due to the prolonged and ever-increasing pressure on the Indian judiciary, causing delay in resolution and disposal of disputes. India’s fast paced economic growth and the consequent evolution of commercial and economic laws have made it incumbent to have an alternate dispute resolution system that provides an efficient and expeditious resolution of disputes in a cost-effective manner. Settlement of domestic and cross-border commercial disputes via ADR mechanisms such as arbitration, conciliation and mediation has brought a major positive transformation in the dispute resolution system in India. The firm has advised and represented various corporates and individuals in arbitrations and mediation proceedings.

Representations

We represent clients before various fora including:

  • The Supreme Court of India
  • Civil Courts in Maharashtra
  • High Courts of various states
  • Securities and Exchange Board of India
  • Securities Appellate Tribunal
  • National Company Law Tribunal
  • National Company Law Appellate Tribunal

Services Offered

Our scope of our work includes:

  • Drafting notices, correspondences and other documents involved in the pre-litigation stage of disputes and advising on the overall strategy.
  • Drafting and assisting in filing various pleadings and other related documentation before courts and quasi-judicial authorities.
  • Advising and assisting on evidence and witness preparation and closing of trial or proceedings.
  • Representing before courts, quasi-judicial authorities, regulators and other statutory authorities and advising on the overall strategy in respect of the same.

Work Highlights

ThinkLaw advises JM Financial on BigHaat Agro investment

ThinkLaw is pleased to have advised and assisted JM Financial Ltd (“Client”) on further investment by its affiliate entities in BigHaat Agro Private Limited (“BigHaat”) with participation from Bidra Innovation Ventures and certain existing shareholders of BigHaat.

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In a Nutshell

January 16th to January 31st
January 16th to January 31st

This edition covers insights on the Enforcement Directorate's (ED) authority to arrest under the Prevention of Money Laundering Act, even with later FIRs to the Enforcement Case Information Report; Securities Appellate Tribunal rulings in favor of Bombay Dyeing; SEBI raising threshold for High Value Debt Listed Entities; and the RBI consolidating export and import regulations for streamlining cross-border trade compliance.

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The Right Turn

SEBI’s clarification on treatment of founder ESOPs in case of IPO-bound startups
SEBI’s clarification on treatment of founder ESOPs in case of IPO-bound startups

Founders of startups are often granted ESOPs. But where such founders were classified as promoters in the run-up to an IPO, the question rises whether these pre-existing share-based benefits could continue post-listing.

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