Can disputes in India be resolved without getting bogged down in drawn-out court cases or troublesome arbitrations? Rebecca Abraham chairs an online roundtable to find out
India Business Law Journalrecently held an online roundtable to find out how companies doing business in India can break the bottlenecks that often stymie the dispute resolution process. The panellists were: PM Devaiah, partner and general counsel of Everstone Capital Advisors; Anirudh Krishnan, founding partner of Chennai-based AK Law Chambers; Laila Ollapally, founder of the Bangalore-based Centre for Advanced Mediation Practice; and Rajinder Sharma, general counsel of Flipkart. Edited excerpts of the wide-ranging discussions follow:
With companies routinely looking to bypass the Indian courts, should India’s low ranking for enforcement of contracts (in the World Bank’s ease of doing business rankings) matter to investors?
PM Devaiah: Investors increasingly feel that while they can invest in India, when it comes to enforcing contracts with promoters they end up either on the wrong side of the law or being dragged to a wrong forum for resolution of a dispute – with civil cases becoming criminal cases or the lower judiciary not able to appreciate and understand the complexity of modern-day agreements.
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