1) Case Triage (both sides—claimant/defendant)

A. Jurisdiction & cause of action

• What happened, where, and which law applies?
• Monetary value → court pecuniary jurisdiction.
• Territorial jurisdiction → where defendant resides/works or cause arose.
• If contract has seat/venue (arbitration) or exclusive jurisdiction (courts), honor that.

B. Limitation

• File within statutory limitation. Many commercial claims = 3 years from breach; check special statutes (cheque bounce, IBC, IP, consumer, etc.).
• For arbitration, notice invoking arbitration also affects limitation (commencement under Sec 21).

C. Parties & evidence

• Correct legal entities (CIN/GST for companies), authorized signatories, board/POA.
• Evidence map: contracts, POs/invoices, emails, WhatsApp, delivery proofs, bank entries, ledgers, screenshots, expert reports, photos, recordings (with proof of origin).

D. Remedies

• Money (principal + interest + costs), specific performance/injunctions, declarations, damages, possession, IP relief, interim relief (status-quo, asset-freeze, docs preservation).

E. Budget & risk

• Filing fee, process service, travel, expert/valuation, stenography, transcription, arbitrator fees or court fees, potential adverse costs.
• Consider litigation finance/BNPL, ATE/BTE legal expense insurance (where available).

2) Pre-Action Checklist (both forums)

• Contract read-through: dispute resolution clause (governing law, seat, venue, institutional rules, escalation steps—negotiation/mediation windows).
• Legal notice (if required or strategic): clear claim, deadline, consequences; preserve proof of service (post/email/WhatsApp).
• Evidence hold: instruct teams to retain emails, backups, devices; disable auto-deletions.
• Chronology & claim math: principal, taxes/TDS, interest rate & period, credit notes, set-offs, penalties, liquidated damages.
• Settlement track: send without-prejudice proposals; consider mediation (even parallel).

3) Court Litigation (Civil/Commercial) — 3.1 Documents to prepare

• Plaint/Complaint/Writ/Petition: facts, cause of action, jurisdiction, limitation, reliefs, court fee valuation.
• Affidavit & Verification; Vakalatnama/POA; Index & List of Dates.
• List of documents (with page numbers, mode of proof); exhibits.
• Interim application (injunction, receiver, deposit, preservation, commission, police aid).
• Statement of Truth (as applicable under commercial courts).

3) Court Litigation — 3.2 Filing & admission

• E-filing/physical filing → scrutiny → defects removal → registration → listing.
• Ex-parte interim relief possible if urgency & balance of convenience shown.
• Service of summons: court process + email/WhatsApp/courier; track acknowledgments.

3) Court Litigation — 3.3 Written statement / defense (for defendants)

• Limitation & jurisdiction objections upfront.
• Para-wise admissions/denials with reasons; counter-claim/set-off if any.
• File documents and affidavit of admission/denial of plaintiff’s docs (as per local rules).
• Consider Order VII Rule 11 (rejection of plaint) where maintainability fails.

3) Court Litigation — 3.4 Case management (Commercial Courts)

• Case Management Hearing: issues framed, timelines for affidavits of evidence, admissions/denials, discovery/inspection, interrogatories.
• Discovery: lists, affidavits, electronically stored info (ESI), inspection schedules; seek confidentiality/attorney-eyes-only where needed.

3) Court Litigation — 3.5 Evidence & trial

• Affidavit in lieu of examination-in-chief, cross-examination, re-examination.
• Experts (valuation, forensics, technical) where required.
• Written arguments + oral submissions.

3) Court Litigation — 3.6 Judgment → decree → execution

• Decree drafted/verified; apply for execution in court of competent jurisdiction where assets lie (attachment, garnishee, sale).
• Appeals: note limitation; seek stay where needed.
• Settlement/compromise: record under Order XXIII CPC; consent terms enforceable.

4) Arbitration (India Arbitration & Conciliation Act, 1996) — 4.1 Starting arbitration

• Arbitration agreement: check validity (written/incorporated by reference).
• Notice invoking arbitration (Sec 21): disputes, reliefs, nomination, seat, governing law, rules (ad-hoc or institutional—e.g., SIAC, ICC, MCIA, DIAC, etc.).
• If no consent on tribunal: move Sec 11 for court appointment (as per clause).
• Emergency relief: via institutional rules (Emergency Arbitrator) or Sec 9 in courts (pre-/post-tribunal) for interim measures.

4) Arbitration — 4.2 Tribunal constitution & terms

• Sole arbitrator / three-member tribunal per clause.
• Declare independence & impartiality (Fifth/Seventh Schedule).
• Preliminary conference: procedural timetable, pleadings sequence, confidentiality, ESI protocol, translations, seat/venue vs virtual hearings.

4) Arbitration — 4.3 Pleadings

• Statement of Claim: facts, contract, breaches, legal grounds, quantum, interest, costs; witness lists; expert reports (if any); documents index.
• Statement of Defence & Counter-Claim: para-wise reply; jurisdiction/maintainability objections; set-off/counter-relief.
• Statement of Reply/Rejoinder as scheduled.
• Sec 17 interim measures from tribunal (preservation, deposit, security).

4) Arbitration — 4.4 Evidence & hearings

• Document production: Redfern schedules (requests, objections, rulings).
• Witness statements (in-chief by affidavit), cross-examination, hot-tubbing for experts (where appropriate).
• Virtual hearings logistics, timekeeper, e-bundles, exhibit numbering.

4) Arbitration — 4.5 Award & after

• Final Award: reasons, reliefs, interest, costs; seat determines curial law & challenge forum.
• Challenge/Set-aside (Sec 34) on narrow grounds; limitation strict. Filing ≠ automatic stay—seek Sec 36 stay of enforcement.
• Enforcement (domestic/foreign awards): file for execution; New York Convention parameters for foreign awards; resist only on limited grounds.

5) Interim Relief Strategy (both forums)

• What to seek: injunctions (non-disposal of assets, IP infringement restraint), security for costs, deposit of admitted sums, disclosure, preservation/inspection, appointment of commissioner/receiver.
• Show: prima facie case, balance of convenience, irreparable harm, urgency, clean hands.
• For defendants: oppose on delay/acquiescence, alternative remedy, balance of convenience, undertakings as safeguards.

6) Evidence Playbook

• Authenticity: metadata, hash values, email headers, chain of custody; Section 65B certificates for electronic records.
• Best evidence first: signed contracts, acknowledgments, delivery/proof of performance.
• Consistent story: timeline table; avoid contradictions between pleadings, affidavits, and correspondence.
• Witness selection: someone who saw/handled the transaction; prep for cross-examination (facts only, no volunteering).
• Privilege: mark lawyer–client communications; use confidentiality rings if needed.

7) Costs, Interest, and Offers

• Plead interest (contract/statutory, pre-suit, pendente lite, future) and costs (filing, counsel, expert, travel, transcription, hearing rentals).
• Use Calderbank/without-prejudice offers; affects cost awards if opponent unreasonably refuses.
• Track adverse costs risk in commercial courts/arbitrations—reasonableness matters.

8) Settlement Windows (keep doors open)

• Court-annexed mediation; private mediation/ODR; tribunal-suggested settlement conferences.
• Draft consent terms carefully (payment schedules, default triggers, security, withdrawal/recording of claims, confidentiality, IP undertakings).

9) Defendant’s Rapid Response Kit

1. Diary deadlines (summons/notice timeline; limitation for WS/defence; Sec 34 challenge).
2. Jurisdiction/seat objections (don’t waive by conduct).
3. Preserve evidence; issue hold notices to staff/vendors.
4. Counter-claim/set-off analysis.
5. Interim relief: oppose/seek protective orders.
6. Early settlement: explore cost-effective exits with admissions/without prejudice offers.

10) Compliance After You Win (or Settle)

• Decree/award compliance dates; interest ticking—calculate per day.
• For settlements: post-dated cheques/escrows, UPI mandates, bank guarantees; default clauses.
• Execution: asset discovery (bankers, ROC filings, charge registers, GST data, imports/exports), garnishee orders, attachment/sale.
• Record closure: withdraw cases per consent, mark satisfaction of decree/award.

11) Typical Timelines (indicative only)

• Interim relief (urgent): days to a few weeks.
• Commercial suit (post-case management): 12–24 months to trial completion in efficient courts.
• Domestic arbitration (fast-track possible): 6–18 months depending on tribunal and complexity.
• Enforcement: weeks to months if assets traceable; longer if resisted.

12) Smart Checklists

Filing (Claimant)

• ✅ Jurisdiction & limitation checked
• ✅ Parties & authorizations (BR/POA)
• ✅ Claims & interest maths + costs
• ✅ Evidence set + index + 65B
• ✅ Interim application (if needed)
• ✅ Filing fees/court fees/arbitration fees ready
• ✅ Process/service strategy

Defending (Defendant)

• ✅ Diary deadlines; seek time extensions if allowed
• ✅ Para-wise WS/defence; preliminary objections
• ✅ Counter-claim/set-off
• ✅ Evidence bundle; 65B; admissions/denials
• ✅ Interim strategy (oppose/seek)
• ✅ Settlement pathway prepared