Practice Area Guide

Corporate/Commercial Lawyers

Corporate and commercial law covers company incorporation and structuring, drafting and enforcing commercial contracts, shareholder and director disputes, mergers and acquisitions, regulatory compliance, and — where things go wrong — winding up or insolvency. The primary statute is the Companies Act, 2013, which governs how companies are formed, run, and dissolved in India, alongside the Indian Contract Act, 1872 for commercial agreements generally and the Competition Act, 2002 for anti-competitive conduct.

Disputes between shareholders or between shareholders and management — over mismanagement, oppression of minority shareholders, or breach of a shareholders' agreement — are typically heard before the National Company Law Tribunal (NCLT) rather than ordinary civil courts. Contract disputes (breach, non-payment, termination) can be pursued through civil suits or, if the contract contains an arbitration clause, through arbitration under the Arbitration and Conciliation Act, 1996, which is often faster and more confidential than litigation.

It's worth involving a lawyer at the drafting stage — for founders' agreements, vendor contracts, or NDAs — rather than only after a dispute arises, since well-drafted contracts materially reduce the odds of expensive litigation later. If you're already facing a shareholder dispute, contract breach, or regulatory notice, a lawyer can help assess which forum (civil court, NCLT, or arbitration) is appropriate for your situation.

Frequently asked questions

Where are shareholder disputes heard?

Claims of oppression and mismanagement, and most company-law disputes, go to the National Company Law Tribunal (NCLT), not ordinary civil courts.

Is an arbitration clause in my contract enforceable?

Generally yes. If the contract has a valid arbitration clause, a court will usually refer the dispute to arbitration under the Arbitration and Conciliation Act, 1996 rather than hear it itself.

What is the difference between a private limited company and an LLP?

A private limited company is governed by the Companies Act, 2013, with heavier compliance and easier equity fundraising; an LLP is lighter on compliance but less suited to raising outside investment. The right choice depends on your funding plans.

When should a startup involve a lawyer?

At the founders' agreement and first investment stage at the latest — cap table, vesting and IP assignment problems are far cheaper to prevent than to litigate.

Corporate/Commercial lawyers on our directory

No lawyers are listed for Corporate/Commercial yet. Submit your problem and we'll personally find a suitable lawyer once one joins.

Submit a Legal Problem

Related guides

Need help with this? Submit Your Problem