Frequently Asked Questions
We act for companies, MSMEs, founders and individuals from the first instance through all stages of a mandate
Perennial Chambers acts for companies, MSMEs, founders and individuals in commercial disputes, from the first notice through trial, arbitration and enforcement.
We appear before the Delhi High Court on its original and appellate sides, the district commercial courts in Delhi, the Delhi International Arbitration Centre, ad hoc tribunals and the Supreme Court of India. Members of the chambers also sit as arbitrators, including on appointment by the Delhi High Court, which shapes how we prepare a case for a tribunal.
How we approach a dispute
Every mandate starts with a short discussion and review: what you can claim, what it will cost, how long each route is likely to take, and what the other side will argue. Where settlement serves you better than a hearing, we say so early. Where it does not, the case is prepared for trial from the first day, with documents and witnesses organised before pleadings are filed.
1
A written view
Claim, cost and likely time
2
Notice and mediation
Including Section 12A
3
Court or tribunal
Pleadings and hearings
4
Enforcement
Decree or award
Questions about commercial disputes and arbitration
Which court will hear my commercial dispute in Delhi?
It depends on the value of the claim. Commercial disputes of ₹3 lakh and above go to the commercial courts. In Delhi, suits above ₹2 crore go to the Commercial Division of the Delhi High Court, and suits up to ₹2 crore go to the district commercial courts.
Do I have to try mediation before filing a commercial suit?
Yes, unless you are seeking urgent interim relief. The Supreme Court held in Patil Automation v. Rakheja Engineers (2022) that pre-institution mediation under Section 12A is mandatory, and a suit filed without it can be rejected.
Can I get urgent protection before the arbitration starts?
Yes. A court can grant interim measures under Section 9 of the Arbitration and Conciliation Act before or during the arbitration, for example to preserve assets or stop a breach. Once the tribunal is constituted, it can grant similar relief under Section 17.
What if the other side will not agree on an arbitrator?
You can apply to the High Court under Section 11 to appoint one, provided the contract has an arbitration clause and the dispute falls within it.
How long do I have to challenge an arbitral award?
Three months from receiving the award. The court can allow a further 30 days if you show sufficient cause, but not a day beyond that, so the deadline needs attention the day the award arrives.
How long does an arbitration take?
For domestic arbitrations, the Act asks the tribunal to make its award within 12 months of the pleadings being completed, extendable by six months with the parties' consent and further only by the court.
Questions from founders and foreign businesses
How can a foreign company set up in India?
The usual routes are an Indian subsidiary company, a limited liability partnership, or a liaison, branch or project office. A liaison office cannot earn revenue in India. The right choice depends on the sector, the activities planned and how profits will be taken out.
Can a foreign investor put money into an Indian LLP?
Yes, under the automatic route, but only where the LLP operates in a sector that allows 100% foreign investment under the automatic route and carries no FDI-linked performance conditions.
We are a company from a country that shares a land border with India. What changes for us?
Investment by entities based in those countries still needs prior government approval. Since March 2026 (Press Note 2 of 2026), global investors with only a limited beneficial stake traced to those countries may use the automatic route, and some sectors have a 60-day approval timeline. The facts of the ownership chain matter, so this needs checking case by case.
Is there a franchise law in India?
No single statute governs franchising. The relationship rests on the franchise agreement under the Indian Contract Act, together with trade mark law, competition law and, for foreign franchisors, foreign exchange rules on royalty and fee remittances. That makes the agreement itself the main protection for both sides.
Do we need a lawyer to review a standard-form contract?
The clauses that cause disputes are usually payment, termination, limitation of liability, exclusivity and the dispute resolution clause. A short review of those before signing costs far less than a dispute about them later.