Dispute avoidance, management and resolution

At Agama, we take holistic approach towards disputes. Each professional is ingrained with the philosophy that from a commercial stand-point disputes are not only to be litigated, but also managed and avoided wherever possible.

Our disputes profile includes the entire gamut of pre dispute advisory, litigation in various fora as well as domestic and international arbitration. Agama team assists with advising and strategizing from an early stage of a potential dispute to conducting and managing the dispute from its very inception.

PRE-DISPUTE ADVISORY

Our expertise in pre-dispute advisory and management, assists the Clients, to not only avoid the disputes, but also to evaluate its own position before matters move into litigation and take positions accordingly. Parties are then in position to amicably settle disputes and focus on business growth.

Through our committed lawyers and specialist counsels, we anticipate the risks, strengths and weakness of clients at early stage and minimize exposure of clients towards the potential financial liability and other business risks. We get involved with clients closely, understand and appreciate the intricacies of their business and alert them of potential pitfalls during the course of their commercial activities helping them avoid disputes and if unavoidable, manage them to their advantage.

ARBITRATION

Agama regularly represents clients in arbitrations, both international and domestic, involving claims of a few millions to billions of rupees. Agama has represented clients in arbitrations from varied sectors such as construction, infrastructure, energy, international trade, and private equity.

Agama through its associates and affiliates across the world has the capability to assist and represent clients in arbitrations involving governing laws of other jurisdictions and administered under any international institutional rules such as ICC, LCIA, or SIAC.

Agama has been effectively representing clients in domestic arbitrations as well as related litigation providing End-to-end seamless legal representation from court assisted appointment to challenge and execution of an award. We also have extensive experience in assisting clients in dealing with statutory arbitrations or specialist arbitrations against public bodies of PSUs.

LITIGATION

Agama has vast experience in handling commercial and regulatory litigation in diverse forums involving myriad sectors.

High Courts

Agama represents clients in commercial disputes before High Courts across the country. Agama has a team of litigation experts who understand the complexities of commercial litigation and provide strategic support from inception to the final appellate stages. Given the need of specialist and local support in litigation at various stages, Agama has nurtured and maintained deep working relationships with expert external counsels in various super specialties as well as with local advocates across India. Through such efficient network and in-house knowledge, we help clients adequately safeguard their interests in commercial litigation while managing budgetary concerns.

National Company Law Tribunals (NCLT)

Agama has a dedicated team dealing with matters at NCLT – both company litigation as well as litigation arising under Insolvency and Bankruptcy Code (IBC). Agama has assisted companies in getting necessary approvals for their schemes of mergers or demergers. We also have extensive experience in dealing with company law litigation including oppression and mismanagement petitions.

Agama has been at the forefront of acting in applications arising out of insolvency and bankruptcy code(IBC). From the start of this jurisdiction in 2016, Agama has advised clients and represented them in almost all existing NCLT Benches as well as NCLAT in Delhi. We have acted not only for creditors but also corporate debtors and promoters in different cases, but also represented resolution professionals and liquidators. We have set up relationships with local advocates in all existing jurisdictions where NCLT has benches to be able to provide timely and efficient representation to our clients.