Sarvada Legal’s dispute resolution practice consists of two experienced Advocates-on-Record (AoR)[1] who are competent and eligible to appear and plead before the Hon’ble Supreme Court of India. Our seasoned advocates regularly appear and argue matters apart from engaging and briefing Senior Counsel (equivalent to Kings’ Counsel) on high stakes matters.

The advocates at Sarvada also have vast experience in appearing in Supreme Court and all High Courts across India. Our sophisticated team combines its efficiency and experience with its network of local counsel across the country to handle and assist the management of disputes.

The Advocates at Sarvada appear and represent clients in matters involving questions of Constitutional law as also intricate questions dealing with commercial & corporate disputes across a wide variety of sectors such as pharmaceutical sector, real estate and building materials, computer hardware and electronics, petroleum & oil and gas, automotive sector, port and infrastructure, international trade, electricity sector, consumer products, etc.

[1] Under the Supreme Court Rules, 2013, an Advocate-on-Record is entitled to act and plead on behalf of clients. Advocates (who are not an Advocate-on-Record) cannot appear, plead and address the Hon’ble Supreme Court unless instructed by an AOR or permitted by the Hon’ble Supreme Court of India. 

The presence of regulatory authorities and agencies in several sectors across the country necessitate the requirement of understanding the regulatory labyrinth as also the consequences of failure to comply with the regulatory regime. In accordance with the directions issued by the Hon’ble Supreme Court of India to uphold the Rule of Law, Separation of Powers and the Independence of Judiciary, separate judicial and quasi-judicial forums are established for adjudication of disputes between the regulatory agencies and the citizenry. The Advocates at Sarvada regularly advice clients on pre-litigation strategy and represent them in regulatory disputes before these forums.

The Advocates at Sarvada bring to fore multiple-disciplinary and cross sectoral experience in these matters. The Dispute Resolution Practice at Sarvada has extensive practice in advising and representing clients in varied forums such as NCLAT, NCLT, APTEL, PMLA Tribunal, NCDRC, CCI, Enforcement Directorate etc. The advocates at Sarvada represent clients from different sectors such as hospitals & diagnostics care sector, automotive sector, computer hardware and electronics, Aerospace and Defence, Shipping & Fisheries, pharmaceutical, petroleum, oil and natural gas, real estate, international trade, etc.

Arbitration has become a preferred choice of dispute resolution in India. While the Government of India has taken steps to streamline the Arbitration and Conciliation Act, 1996 as per the international standards, the Courts in India too have preferred a pro-arbitration jurisprudence over the last few years. With strict timelines now in place and the Government’s initiative to make India an international arbitration hub, arbitration is a favored choice amongst corporates.

Another important choice that clients have preferred in the recent times, especially post COVID-19 is the effective use of mediation to resolve disputes and effectively mitigate costs of litigating large complex disputes.

The advocates at Sarvada have rich experience in arbitration strategies & planning, including pre-dispute negotiations, expert witnesses & enforcement. We represent clients in institutional arbitration as well as Ad-hoc arbitration including arbitration against the government arising from complex contractual disputes in construction, engineering & techno-commercial contracts. We have also represented clients in court-related procedures including appointment of arbitrators and interim relief procedures. We have represented clients from, inter alia, the automotive sector, infrastructure, computer and hardware, government procurement, oil and gas sector, road contracts etc.

The Foreign Exchange Management Act, 1999 (FEMA) was a boon to a post-liberalisation India and it repealed Foreign Exchange Regulation Act, 1973 (FERA). While the exchange regulations have been liberalized, the regulation of the various aspects of outbound and inbound investment, manner of undertaking international trade etc. are still regulated by different regulations. The consequences of violations of FEMA, in addition to imposing penalty up-to 3 times of the contravention amount may also result in approvals being delayed / stopped pending the investigation. Therefore, a thorough understanding of the regulatory regime is required. The Advocates at Sarvada have extensive experience in handling matters from days of the FERA regime. We have a good understanding of the regulatory paradigm and regular assist clients in investigations and adjudication proceedings under FEMA. The Advocates in Sarvada had been involved in one of the largest show cause notice to have been issued upon an entity at that relevant point in time of Rs. 3,500 Crores (equivalent to around USD 420 Million in today) as the contravention sum dealing with a wide range of issues including external commercial borrowing, overseas direct investment, foreign direct investment etc.

Sarvada has an experienced team handling FEMA matters relating to inbound and outbound investments, external commercial borrowings, overseas direct investment, export regulations including export controls, import payments, deferred payments etc. We assist clients from the stage of the issuance of summons and investigation and prepare the broad strategy and hand-hold the clients during the initial phase of the investigation. We appear for the clients from the Adjudicating Authority up to the Supreme Court of India.

IPR litigation is different from other commercial litigation in several aspects. The team at Sarvada has experience in handling both civil and criminal IP enforcement actions in all Courts pan India, including the erstwhile appellate body, i.e., the Intellectual Property Appellate Board (IPAB).

Investigations 

We have relations with experienced investigators for IPR related raids, market investigations and like actions who are also efficient in handling police actions for IPR issues.