0) First Principles — decide your forum
- Court litigation suits disputes with no valid arbitration clause, where you need
strong public powers (writs, insolvency, IP raids, criminal complaints), or multi-party relief against
non-signatories.
- Arbitration suits disputes with a written arbitration agreement, cross-border
matters, confidentiality needs, speed, or expert decision-makers.
- Pre-litigation options: negotiation → mediation/ODR → without-prejudice offers.
Courts favour reasonable attempts to settle.
1) Case Triage (claimant & defendant)
A. Jurisdiction & cause of action
What happened, where, and which law applies? Monetary value drives pecuniary jurisdiction; territorial
jurisdiction follows where the defendant resides/works or the cause arose. Honour any seat/venue
(arbitration) or exclusive jurisdiction (courts) clause.
B. Limitation
File within statutory limitation — many commercial claims are 3 years from breach; check special statutes
(cheque bounce, IBC, IP, consumer). For arbitration, the notice invoking arbitration affects limitation
(Sec 21).
C. Parties & evidence
Correct legal entities (CIN/GST), authorised signatories, board/POA. Build an evidence map: contracts,
POs/invoices, emails, WhatsApp, delivery proofs, bank entries, ledgers, expert reports.
D. Remedies & budget
Money, specific performance, injunctions, declarations, possession, IP and interim relief. Budget for
filing fees, service, experts, arbitrator/court fees and potential adverse costs; consider litigation
finance/BNPL.
2) Pre-Action Checklist (both forums)
- Contract read-through: dispute resolution clause — governing law, seat, venue,
institutional rules, escalation steps.
- Legal notice (if required/strategic): clear claim, deadline, consequences; preserve
proof of service.
- Evidence hold: retain emails, backups, devices; disable auto-deletions.
- Chronology & claim math: principal, taxes/TDS, interest, credit notes, set-offs,
penalties.
- Settlement track: send without-prejudice proposals; consider mediation in parallel.
3.1) Documents to prepare (Civil/Commercial)
- 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 and mode of proof; exhibits.
- Interim application (injunction, receiver, deposit, preservation, commission, police
aid).
- Statement of Truth as applicable under commercial courts.
3.2) Filing & admission
- E-filing / physical filing → scrutiny → defects removal → registration → listing.
- Ex-parte interim relief possible if urgency and balance of convenience are shown.
- Service of summons: court process plus email/WhatsApp/courier; track acknowledgments.
3.3) Written statement / defence (defendants)
- Limitation & jurisdiction objections raised upfront.
- Para-wise admissions/denials with reasons; counter-claim / set-off if any.
- File documents and an affidavit of admission/denial of the plaintiff's documents.
- Consider Order VII Rule 11 (rejection of plaint) where maintainability fails.
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 information (ESI), inspection
schedules; seek confidentiality / attorney-eyes-only where needed.
3.5) Evidence & trial
- Affidavit in lieu of examination-in-chief, cross-examination, re-examination.
- Experts (valuation, forensics, technical) where required.
- Written arguments plus oral submissions.
3.6) Judgment → decree → execution
- Decree drafted/verified; apply for execution where assets lie
(attachment, garnishee, sale).
- Appeals: note limitation; seek a stay where needed.
- Settlement/compromise: record under Order XXIII CPC; consent terms are enforceable.
4.1) Arbitration — starting (A&C Act, 1996)
- Arbitration agreement: check validity (written / incorporated by reference).
- Notice invoking arbitration (Sec 21): disputes, reliefs, nomination, seat, governing
law, rules (ad-hoc or institutional — SIAC, ICC, MCIA, DIAC).
- If no consent on the tribunal, move Sec 11 for court appointment.
- Emergency relief: via institutional rules (Emergency Arbitrator) or Sec
9 in courts for interim measures.
4.2) Tribunal constitution & pleadings
Constitution
Sole arbitrator or three-member tribunal per clause; declarations of independence & impartiality
(Fifth/Seventh Schedule). A preliminary conference fixes the procedural timetable, pleadings sequence,
confidentiality, ESI protocol and seat/venue vs virtual hearings.
Pleadings
Statement of Claim: facts, contract, breaches, legal grounds, quantum, interest, costs,
witness lists, expert reports, documents index. Statement of Defence & Counter-Claim:
para-wise reply, jurisdiction objections, set-off. Reply/Rejoinder as scheduled. Seek Sec
17 interim measures from the tribunal.
4.3) Evidence, award & after
Evidence & hearings
Document production via Redfern schedules; witness statements (in-chief by affidavit), cross-examination,
hot-tubbing for experts; virtual hearing logistics, e-bundles and exhibit numbering.
Award & after
Final Award: reasons, reliefs, interest, costs; seat determines curial law and challenge
forum. Set-aside (Sec 34) on narrow grounds, strict limitation; filing is not an
automatic stay — seek Sec 36 stay of enforcement. Enforcement of
domestic/foreign awards (New York Convention for foreign awards).
5) Interim Relief Strategy (both forums)
- What to seek: injunctions (non-disposal of assets, IP restraint), security for costs,
deposit of admitted sums, disclosure, preservation/inspection, 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; offer 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, proof of performance.
- Consistent story: a timeline table; avoid contradictions across pleadings, affidavits
and correspondence.
- Witness selection: someone who saw/handled the transaction; prep for cross (facts
only).
- Privilege: mark lawyer–client communications; use confidentiality rings if needed.
7) Costs, Interest & Offers
- Plead interest (contract/statutory; pre-suit, pendente lite, future) and
costs (filing, counsel, expert, travel, transcription).
- Use Calderbank / without-prejudice offers — they affect cost awards if the 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
- Diary deadlines: summons/notice timeline, limitation for WS/defence, Sec 34
challenge.
- Jurisdiction/seat objections — don't waive them by conduct.
- Preserve evidence; issue hold notices to staff/vendors.
- Counter-claim / set-off analysis; interim relief — oppose or seek protective orders.
- 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),
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 are traceable; longer if resisted.
Timelines are indicative — your matter's forum, complexity and location all shift the
clock.
12) Smart Checklists
Filing (Claimant)
- ✅ Jurisdiction & limitation checked
- ✅ Parties & authorisations (BR/POA)
- ✅ Claims & interest maths + costs
- ✅ Evidence set + index + 65B
- ✅ Interim application (if needed)
- ✅ Filing/court/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
One connected case dashboard
