Kolkata Business Commercial Lawyers

Looking for a Business & Commercial Law expert in Kolkata? You’ve come to the right place. Commercial Litigation has a very broad spectrum that encompasses all type of litigation involving business issues, usually between businesses, but not always. There has been a consistent growth in commercial litigation due to current trend of booming home-based businesses, new small businesses, and diversification of existing businesses. In this city of joy, Helpline Law easily connects you with a Commercial Law expert who can guide you through issues that arise in the course of running a business at any stage of the commercial cycle. They can assist in the formation of a business, the sale of a business and everything in between.

Below, we will give a brief overview of a few of the areas that are frequent issues of concern in commercial litigation:

  • Contract disputes: Examples include breach of contract and tortious specific performance
  • Professional practice disputes: Resolution of disputes in professional practices, such as medical, dental and legal.
  • Shareholder and LLP membership disputes: Commercial Lawyers represent majority and minority shareholders and members and managers of accounting firms, law firms, medical practices and other partnerships.
  • Business torts: This involves cases of fraud, infringement claims, defamation, unfair competition and violation of non-compete agreements.
  • International litigation:  Cross-border claims and international arbitration, appearing in foreign tribunals and forums such as the International Chamber of Commerce and the Center for International Dispute Resolution.
  • Complex and multiple-party litigation: Our lawyers are capable of handling litigation involving multiple parties, claims, jurisdictions and other issues.
  • Franchise litigation: The relationship between franchisee and franchisor is complex and disputes may involve multiple areas of law.
  • Embezzlement and employee fraud: When an employee engages in fraud or theft, lawyers in our Delhi database are creative in identifying third parties that may have enough assets to pay.
  • Misrepresentation and nondisclosure: Commercial lawyers in Helpline Law database have extensive experience in cases involving misrepresentation and nondisclosure in accounting, investments, real estate, sales of businesses, sales of artwork and other types of transactions.
  • Internet law claims: This includes claims ranging from defamation to trademark infringement to identify theft.
  • Professional malpractice: Claims of negligence involving doctors, lawyers, dentists, engineers, architects and other professionals.

What are the alternatives to litigation?

Basic alternative to litigation is Arbitration which can be said as a simplified version of trial involving limited discovery and simple rules of evidence. Law of Arbitration that governs the arbitration process in India states that to adopt arbitration as a dispute resolution mechanism, an agreement to that effect is to be signed between the disputing parties. An arbitral panel can either have one arbitrator selected by both parties or each side can select one arbitrator and the two arbitrators can elect the third. The panel should have odd numbers of members. The panel deliberates and issues a written decision or arbitral award. Arbitration has long been used in labor, construction, and securities regulation, but is now gaining popularity in other business disputes.

Arbitrations in India are either:

  • Ad hoc arbitrations.
  • Institutional arbitrations.

Procedure of Arbitration in India:

Large commercial disputes in India are normally settled by ad hoc arbitrations with the Arbitration Act as the governing legislation. Some parties also opt for dispute resolution under the rules of a particular arbitration institution. Indian arbitration organizations include the:

  • Delhi International Arbitration Centre.
  • Indian Council of Arbitration.
  • Construction Industry Arbitration Council (CIAC).
  • Indian Council of Arbitration (ICA).

Hierarchy of Courts in India handling business and commercial law related matters:

Address of Courts in Kolkata:

District & Sessions Judges CourtAddress: A.G. Road, Champadali, Barasat, Kolkata-700124, India
District Civil And Sessions CourtAddress: 18, Judges Ct Rd, Alipore, Kolkata-700027, India
City Civil Court, CalcuttaAddress: 2 and 3, Kiran Shankar Ray Rd, BBD Bagh, Kolkata-700001, India
District Civil And Sessions CourtAddress: 18, Judges Ct Rd, Alipore, Kolkata-700027, India
High CourtAddress: 3, Esplanade Row W, BBD Bagh, Kolkata-700001, India
Jurisdiction: West Bengal, Andaman and Nicobar Islands

How can we help?

Disputes are inevitable in business. Fortunately, most of the matters can be resolved outside of court. In some scenarios litigation becomes necessary and in such cases you can rely on the expertise of Helpline Law to connect you some of the best commercial lawyers in Kolkata who will understand the scope of requirements and provide a customized solution to meet your individual and corporate objectives, appropriate to the nature and size of the business.

Need help with a legal issue? Write your query to us and we’ll connect you with the most suitable Commercial Lawyer in Kolkata.