Overview

THE REGULATORY ENVIRONMENT

The regulatory environment for dispute resolution in India is characterized by a mix of traditional litigation and alternative dispute resolution. The Indian judiciary has been actively promoting ADR methods to reduce the burden on courts and offer faster, more cost-effective ways of resolving disputes.The Arbitration and Conciliation Act, which governs arbitration proceedings in India, has been amended to make arbitration more user-friendly, cost-effective, and aligned with international standards.Mediation, although not as prevalent as arbitration, is gaining momentum. The Commercial Courts Act encourages mediation in commercial disputes, and there are proposals to institutionalize mediation further.

The regulatory environment for dispute resolution in India is characterized by a mix of traditional litigation and alternative dispute resolution. The Indian judiciary has been actively promoting ADR methods to reduce the burden on courts and offer faster, more cost-effective ways of resolving disputes.The Arbitration and Conciliation Act, which governs arbitration proceedings in India, has been amended to make arbitration more user-friendly, cost-effective, and aligned with international standards.Mediation, although not as prevalent as arbitration, is gaining momentum. The Commercial Courts Act encourages mediation in commercial disputes, and there are proposals to institutionalize mediation further.

Despite challenges like case resolution delays in traditional litigation, difficulties in enforcing arbitral awards, and judicial inconsistencies, India’s dispute resolution framework is progressively aligning with global standards, emphasizing efficiency, quicker litigation resolution, and party autonomy, thereby becoming more favorable for both domestic and international parties.

HOW CAN WE SUPPORT YOU?

ELP continues to maintain its distinguished reputation as one of the foremost Litigation, Arbitration, and Dispute Resolution firms in the country. Our Partners are consistently recognized as leading individuals in the field of litigation in India.

ELP continues to maintain its distinguished reputation as one of the foremost Litigation, Arbitration, and Dispute Resolution firms in the country. Our Partners are consistently recognized as leading individuals in the field of litigation in India.

Our practice is built on the solid foundation of a team that not only possesses cutting-edge legal knowledge and research skills but also masters the art of advocacy. Diversity and depth of experience are the hallmarks of our team.

Representing clients across a wide range of fora and practice areas, we handle cases from dispute avoidance, hand holding during pre-dispute, the inquiry and investigation stages, at every stage thereafter up to the Supreme Court of India. Our services include arbitration, commercial and regulatory litigation, insolvency litigation, handling complex white collar crime matters, tax & customs litigation and dispute management.

Our distinctive approach as both Solicitor and Counsel (in-house advocacy) sets us apart from other practices in India, ensuring comprehensive and unparalleled legal support for our clients.

Services

Arbitration 

ELP stands as an eminent thought-leader in India’s arbitration landscape, garnering international recognition for its expertise. ELP is one of the very few Indian firms that consistently ranks in Global Arbitration Review’s top 100 arbitration law firms in the world. 

Representing clients in proceedings before esteemed institutions like the International Chamber of Commerce (ICC), London Court of International Arbitration (LCIA), LCIA India, Singapore International Arbitration Centre (SIAC), London Maritime Arbitrators Association (LMAA), Kuala Lumpur Regional Centre for Arbitration (KLRCA), and Ad-hoc proceedings worldwide, ELP has showcased its capabilities in resolving disputes with stakes ranging from millions to billions of dollars. 

Our approach to commercial disputes has ensured a most effective representation of our clients as often these disputes require industry-specific knowledge. Our practice is strengthened by our firm expertise in various sectors including shareholder disputes, infrastructure, oil and gas, renewable energy, construction, international trade, government contracts, admiralty, hospitality, insurance, pharmaceuticals and product liability.  

Commercial Litigation 

ELP has established itself as one of the most experienced and competent commercial litigation teams in India. The practice has the perfect amalgamation of leading practitioners with diverse and long-standing experience ranging across legal disciplines – from corporate, M&A and securities, to environmental law, tortious claims, intellectual property and real estate.  

Our lawyers are quick and thorough to absorb scientific, technical, and other specialized aspects of multifaceted cases and regularly provide legal counsel to companies operating in highly regulated industries. The approach at ELP is to have an in-depth understanding of our clients’ businesses and the commercial exigencies that lead them to litigation. From the initial stages itself, our litigation team works in tandem with clients to develop a sound and all-encompassing strategy for the case, which has consistently given us great results; many a times with clients receiving interim reliefs in a matter of 48 hours from briefing our team on their crisis.  

The team has consistently represented clients across various courts and tribunals in the country and has the strength and capacity to deploy larger teams across several jurisdictions in India simultaneously. Given the expanse of the courts of India, ELP also has a well-established network of connections with local law firms across India, that can step in and assist our teams, in case ELP doesn’t have an on-ground presence.   

Over the years ELP has developed a reputation and track record of providing a supportive and cohesive approach that combines razor sharp experience with high professional standards, a trait that has ensured that clients look to ELP for their legal needs. 

Regulatory  

ELP is  the premier choice for clients grappling with regulatory challenges. Our team specializes in handling intricate cases, where the very interests of our clients are at stake due to regulatory actions or compliance concerns. With an impressive track record, we have successfully represented clients before esteemed forums like the Securities Appellate Tribunal (SAT), Telecom Disputes Settlement and Appellate Tribunal (TDSAT), Reserve Bank of India (RBI), and the National Green Tribunal. 

Regulatory – Power and Utilities 

ELP is one of the few Indian law firms offering comprehensive dispute resolution services in the power utility sector in India. Our lawyers frequently represent clients without the aid of external counsel in proceedings before the concerned electricity ombudsman, State Electricity Regulatory Commission, Appellate tribunal as well as the Supreme Court of India.  ELP counts some of the largest Indian conglomerates as its regular clients advising them disputes arising out of Offtake arrangements, tender matters as well as mounting constitutional challenges to the actions of the concerned State Electricity Regulator before the High Courts and Supreme Court of India.

Insolvency Advisory and Litigation Support 

Our core insolvency team comprising of some of the best and highly experienced practitioners from litigation, tax, banking, corporate, real estate and regulatory backgrounds enables ELP to provide pragmatic and effective solution to its clients on most complex restructurings. The experience of the team in debt restructuring, recoveries, equity capital raising, and restructuring, open offers, distressed M&A activity and related advisory work has helped clients in steering through the issues and challenges faced under the Insolvency and Bankruptcy Code (IBC). Our area of work covers Pre IBC related initiation (Review & Analysis); IBC Initiation (Application Process); Insolvency Process (Corporate Insolvency Resolution Process); Drafting/Negotiation/Implementation of the resolution plan and General Advisory, structuring, documentation and corporate work. Advocates at ELP regularly represent clients before the National Company Law Tribunal across India, the National Company Law Appellate Tribunal, the Supreme Court of India and various other courts and tribunals.  Our clients comprise insolvency practitioners, operating creditors, banks and other financial investors as well as steering committees, corporate debtors and their directors and/or officers. We thrive as a result of having a strong understanding of sectors such as hospitality, financial services, real estate, technology, e-commerce, oil and gas, energy and communications. 

White Collar Crimes 

The white-collar crime team at ELP is highly experienced in handling complex state, central and cross-border litigation, as well as advising clients on preventative measures and compliance of applicable statutes to eliminate or mitigate the risk of civil and criminal penalties/liabilities. Advocates at ELP have in-depth experience in representing clients in all stages of white-collar litigation, especially in handling bribery and corruption, money laundering, fraud, tax and insider-trading. Our extensive experience enables us to provide clients with advice relating to the legal, procedural, governance and reputational aspects of compliance issues and investigations. We also conduct regular knowledge sharing sessions with our clients so as to ensure that our clients’ businesses are in compliance with the applicable statutes. Our clients include one of the leading entertainment companies as well as their senior executives and other notable organizations. 

Tax & Customs Litigation 

Tax litigation has been the forte of ELP since its inception. ELP handles over 400 cases on an annual basis dealing with all facets of taxation, including GST, Customs, Excise, Service Tax, Value Added Tax (VAT), Foreign Trade Policy, and Transfer Pricing.  Professionals at ELP appear before various authorities ranging from Commissioners to various High Courts and the Supreme Court of India. 

Our services include: 

  • Handholding of investigations by the Directorate of Revenue Intelligence (DRI), Directorate General of Goods and Service Tax Intelligence (DGGSTI), Special Intelligence and Investigation Branch (SIIB)   
  • Assistance during periodical audit proceedings initiated by revenue authorities – preparing replies to objections raised by the authorities, representation before the audit officers 
  • Providing opinion on various tax issues – classification of goods, taxability of transactions, eligibility of exemption notifications etc.  
  • Preparing replies to intimations, show cause notices, notices for imposition of penalties or confiscation of goods. 
  • Representation before the adjudicating authorities and assessing officers  
  • Drafting of appeals to be filed with appellate authorities and Appellate Tribunal 
  • Drafting of appeals, writ petitions, Special Leave Petition (SLP) to be filed with High Courts and Supreme Court 
  • Drafting of affidavits, rejoinders, interim applications to be filed with High Courts and Supreme Court 
  • Representation before the appellate authorities, Appellate Tribunal, High Courts and Supreme Court   
  • Health check reviews of pending litigation 

Dispute Management 

ELP offers disputes expertise to clients from the very inception of their commercial activities. Our team has been involved with many of our clients’ projects during the entire tenure and has effectively safeguarded their interests through timely strategic inputs. By anticipating, preventing, and minimizing potential disputes, we substantially reduce costs and enhance operational efficiency. Our dedication to dispute management is ingrained in our entire resolution approach, and we take pride in seeking commercially beneficial solutions for our valued clients. 

Thought Leadership

Alerts & Updates 22nd Jul 2024

A symphony of choices: Gauhati High Court confirms that arbitration can be invoked despite availability of an alternate remedy under the provisions of RERA; discretion lies with the allottees to opt for proceedings best suited to them

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Articles 11th Jul 2024

BNS – Speedy Justice or Colonial Rollover?

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Articles 18th Jun 2024

Arbitration is great. Just not for us, says the Government

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Alerts & Updates 11th Jun 2024

Supreme Court – When Abandonment of Claim can result in the end of the Arbitral Ballad

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Newsletter/Booklets 29th May 2024

ELP Knowledge Series India Update Part 1 of 2024

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Alerts & Updates 23rd May 2024

Supreme Court dismisses challenge mounted on the ground that the tribunal’s interpretation of the contract was off-key

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Alerts & Updates 6th May 2024

Unilateral Arbitrator Appointments are not harmonious with the law

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Articles 29th Apr 2024

Delhi Airport Metro: An Obstacle Course for Arbitral Awards

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Recent Matters

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Represented the Competition Commission of India in a Writ Petition challenging the first ever proceeding under the Competition Act, 2002.

Represented the Competition Commission of India in a Writ Petition challenging the first ever proceeding under the Competition Act, 2002.
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Successfully represented an aviation company in an English law London seated arbitration against a foreign company in the aviation sector on a dispute on aircraft purchase.
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Represented a leading global energy trading company in an LCIA related arbitration on a dispute arising out of pricing of coal.
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People

Recognitions

What People Say

Dedicated and energetic professionals who possess knowledge, a pragmatic outlook to issues, and the ability to find out-of-the-box solutions.

GAR 100

What sets ELP apart is the ability to deploy a team of lawyers who really understand projects, how they work and the claims/disputes they can generate.

Legal 500 Asia Pacific

ELP is very competent, and provides timely advice at a reasonable cost.

Benchmark Litigation

Client reports: They have found solutions for different kinds of issues and we have found them to be very accommodating. We feel a sense of comfort when we go to Economic Laws Practice.

Chambers Asia Pacific

One source praises the team at Economic Laws Practice as being ‘highly commercial and focused on achieving the client’s objectives’

Chambers Asia Pacific

Another interviewee notes that the firm is extremely versatile in handling matters for their clients based on informed analysis and out-of-the-box thinking.

Chambers Asia Pacific