Dispute Resolution

Litigation

Hariani & Co. has had a strong litigation practice for over 25 years and is known for having successfully represented clients (including major business houses and high net-worth individuals) in complicated and intricate disputes across the country. The firm has handled commercial and civil matters for clients before fora from the lowest courts in India to the Supreme Court.

The firm’s expertise in this practice area includes:

  • Advising on pre-litigation strategy
  • Advising and representing clients in civil and commercial litigation matters, including in conciliation and mediation proceedings
  • Advising on choice of law and jurisdiction clauses in agreements, in view of both Indian law and the principles of private international law
  • Advising on issues arising from conflicts of law
  • Representing numerous clients in high-stakes real estate litigation in respect of strategic and commercially valuable properties
  • Advising and representing clients in matters related to the enforcement of intellectual property rights, such as patents, trademarks, copyrights, designs and trade secrets, including representing in court some of the major production houses in India
  • Advising and representing clients involved in winding up, corporate insolvency and liquidation proceedings
  • Advising and representing clients in constitutional law matters
  • Representing clients in consumer matters, including before State and National Consumer Disputes Redressal Commissions
  • Representing clients before the National Company Law Tribunal and the National Company Law Appellate Tribunal
  • Representing clients before other statutory tribunals and appellate tribunals
  • Representing clients, including NGOs and citizens' groups, in environmental disputes

Arbitration

Hariani & Co. has represented clients in numerous arbitration matters over the years. The firm has appeared for clients in both Indian and international arbitration matters, and in both ad hoc and institutional arbitration matters.

The firm’s arbitration experience is widespread, ranging from oil and gas sector disputes to construction disputes, family disputes, foreign investment disputes, corporate disputes and contractual disputes.

In addition, the firm has appeared in various Indian courts in proceedings arising out of arbitration matters. Amongst other things, the firm has applied to the court to seek the appointment of arbitrators by court order, to obtain interim relief for clients in drawn-out arbitration matters and to challenge awards given by arbitral tribunals. The firm has also advised on, and represented clients in, complicated proceedings for the enforcement of arbitral awards in India.

The firm has participated in arbitration proceedings at a pan-India level, and has appeared before the Supreme Court and various High Courts in arbitration-related matters.

Arbitration proceedings in India often occur in conjunction with parallel court proceedings in various courts and specialised statutory tribunals. The firm is well-equipped to handle such matters and provide strategic as well as legal advice to clients, in addition to drafting pleadings and representing clients before tribunals and courts.