Dispute And Litigation Management In India
Indian companies are yet to realise that every litigation arises after cropping of dispute but 70% of disputes can be contained at that level itself so that a dispute does not emerge into a full fledged litigation.
It is pertinent to note that CFO, CEO and Legal heads can well identify such issues at right time with deployment of proper legal strategies.
Timing in damage control, effective communication on disputes, invocation of arbitration clause at right time, identification of proper manner of handling an issue etc., are more important than simply fighting a litigation.
It is high time when focus should be on streamlining the grey areas which had resulted disputes and litigation in past.Its also unfortunate that even after disputes and litigations in a row, then too contracts are left unplugged and never re-visited with proper planning.
It must be appreciated and realised that law neither provides nor recognises every situation or problem but it is logic and reasoning which shapes and infact make a provision of law applicable to a situation.
In arbitration as well as litigation one proper communication can make a HUGE difference. It can also save one company from facing frustration at a later stage.
The companies are spending time, energy and allocating big budgets for fighting litigation but unfortunately they are still shy of planning to prevent the dispute and litigation itself.
AMLEGALS believes that in the changing era of litigation the emphasis of every company should be on legal intelligence .