Commercial Dispute Resolution- State of the Law in India

The book titled “Commercial Dispute Resolution- State of the Law in India” attempts to analyse the march of commercial law post 2015. 2015 was a marquee year in commercial dispute resolution in India- this year saw the ushering in of an entirely new regime. Starting with the amendments to the Arbitration and Conciliation Act, 1996, the Commercial Courts Act, 2015 and the Insolvency and Bankruptcy Code, 2016, the landscape of commercial dispute resolution has completely changed. In relation to the alternative dispute resolution regime, the fine balance between minimum judicial interference, party autonomy and having a blemish-less regime was sought to be improved and further greater certainty in terms of time and costs was attempted to be achieved. As regards the civil justice system pertaining to commercial disputes, greater specificity resulting in providing lesser opportunities for defendants to obfuscate issues and a consequent shortening of timelines was the aim. Similarly, the insolvency and bankruptcy regime introduced in 2016, brought in for the first time, a creditor-in-control regime which was supplemented with stringent timelines.

The book analyses the march of law under each of the above legislation and also certain general commercial legal issues. The book is divided into four sections namely – (i) Issues Arising Out of The Alternative Dispute Resolution Regime (ii) Issues Arising Out of The Commercial Courts Regime (iii) Issues Arising Out of The Insolvency and Bankruptcy Regime (iv) General Commercial Laws Issues.