Foundations of Commercial Litigation and Corporate Disputes

This course offers a structured introduction to commercial litigation, focusing on its core principles, procedures, and practical drafting skills. Through a mix of legal theory, case law, and hands-on exercises, it aims to equip learners with the ability to understand, assess, and act on commercial disputes. From dissecting the distinction between civil and commercial litigation to understanding the Commercial Courts Act, jurisdictional issues, and corporate conflicts, the course builds a foundational grasp on how commercial disputes are handled in Indian courts and tribunals.

Level

Beginner

Level

language

English

Language

Course Outcome:

By the end of the course, participants will:

  • Understand the procedural and substantive differences between civil and commercial litigation.
  • Gain clarity on the hierarchy and jurisdiction of commercial courts, tribunals, and regulatory authorities.
  • Build drafting skills through practical exercises including plaints and legal notices.
  • Be able to assess contractual disputes, shareholder conflicts, and cross-border litigation issues.
  • Navigate the procedural framework of the Commercial Courts Act, 2015.
  • Be prepared to assist or handle commercial matters involving breach of contract, corporate governance disputes, and enforcement of foreign judgments.

Course Outline:

  • Module 1 - Distinction between Commercial and Civil Litigation
  • Module 2 - Insight into Legal Roles in Commercial Disputes
  • Module 3 - Understanding the Commercial Courts Act, 2015
  • Module 4 - Fundamental Drafting Skills in Commercial Litigation
  • Module 5 - Hierarchy of Commercial Courts, Tribunals & Regulatory Authorities
  • Module 6 - Role of High Courts & Supreme Court in Commercial Matters
  • Module 7 - Cross-Border Litigation & Enforcement of Foreign Judgments
  • Module 8 - Jurisdictional Challenges & Procedural Aspects
  • Module 9 - Breach of Contract: Specific Performance vs. Damages
  • Module 10 - Force Majeure & Termination Litigation (Post-COVID Perspective)
  • Module 11 - Liquidated Damages & Penalty Clauses in Business Contracts
  • Module 12 - Oppression & Mismanagement Cases under Companies Act
  • Module 13 - Shareholder Remedies & Derivative Actions
  • Module 14 - Disputes in Mergers & Acquisitions (M&A Litigation)