Commercial Contracts & Disputes Resolutions
The privets of contract can be personal also. But when we talk about the commercial contracts, we need to go through all its articles and clauses carefully, because each and every word narrated in the commercial contract can affect the rights and liabilities of the parties in different manner. To understand further the commercial contracts can be divided into different parts like–commercial, covenants and its enforceability. The commercial and covenants are exclusively decided and introduced as per the requirements, desire and consent of the parties and the enforceability of any contract or legal document will always remain subject to the law of land at the relevant time.
Every disagreement in the commercial negotiations results deadlock and the only remedy is alternative dispute resolution system, which not only protects the commercial relationship, but also reduces the costs & save the valuable time of the parties concerned. In a contractual relationship between the two private parties they are always supposed to act in terms of the contract only and no question of compliance of principles of natural justice arises nor the question of judicial review of such action need to be provided for.
Corporate Commercial Documentation
Documentations are the essence of any commercial transactions and the corporate world requires preparation of written legal documents, motion, brief, memo or contracts etc. on routine basis. The preliminary version drafted for the first time, during the course of negotiations, decide covenant of the parties.
Joint Ventures and Technical Collaborations
One another type of commercial contracts is Joint Ventures & Technical Collaborations. Where the joint ventures often having more broader scope for the purpose and nature of its responsibilities and liabilities, which normally settled between principal to principal or principal to executor like owner-developer, manufacturer-promoters, manufacturer-manufacturer and so on. In technical collaborations the technically developed companies agrees to provide technical assistance and machinery to the other part of contract.
Like any other laws in India the Law relating to contracts, commercial transactions, dispute resolution etc are codified, which not only help us to understand its procedure & technicalities, but also provides fair and transparent opportunity to contest and also help the effective implementation and smooth functioning of any commercial entity. Though the law is very vast but to give a brief idea the relevant and important legislations, related to the subject, are :-
- Indian Contract Act, 1872
- The Companies Act, 1956
- Companies (Central Government) General Rules & Forms, 1956
- Companies (Court) Rules, 1959
- Conservation of Foreign Exchange & Prevention of Smuggling Activities Act, 1974 (COFEPOSA)
- Credit Information Companies (Regulation) Act, 2005
- Credit Information Companies Rules, 2006
- Credit Information Companies Regulations, 2006
- Requisitioning and Acquisition of Immovable Property Act, 1952
- Requisitioning and Acquisition of Immovable Property Rules, 1953
- Land Acquisition Act, 1894
- Industrial Development Bank of India Act, 1964
- Industrial Development Bank of India General Regulations, 1994
- Industrial Development Bank of India (Appeal to the Central Government) Rules, 1995
- Industrial Development Bank (Transfer of Undertaking and Repeal) Act, 2003
- Industrial Finance Corporation Act, 1948
- Industrial Finance Corporation (Transfer of Undertaking and Repeal) Act, 1993
- The Indian Partnership Act
- Limited Liability Partnership Act, 2008
- Limited Liability Partnership Rules, 2009
- The Specific Relief Act, 1963
- Court Fees Act, 1870
- Suit Valuation Act, 1887
- Legal Services Authorities Act, 1987
- National Legal Services Authority Rules, 1995
- Supreme Court Legal Services Committee Regulations, 1996
- Supreme Court Legal Services Committee Rules, 2000
- Food Safety and Standards Act, 2006
- Food Safety and Standards Authority of India (Salaries, Allowance and other Conditions of Service of Chairperson and Members) Rules, 2008
- Water (Prevention and Control of Pollution) Act, 1974
- Water (Prevention and Control of Pollution) Rules, 1975
- Water (Prevention and Control of Pollution) Cass Act, 1977
- Water (Prevention and Control of Pollution) Cass Rules, 1978
- Air (Prevention and Control of Pollution) Act, 1981
- Air (Prevention and Control of Pollution) Rules, 1982
- Air (Prevention and Control of Pollution) (Union Territories) Rules, 1983
- Sales Promotion Employees (Conditions of Service) Act, 1976
- Sales Promotion Employees (Conditions of Service) Rules, 1976
- Environment (Protection) Act, 1986
- Environment (Protection) Rules, 1986
- Hazardous Wastes (Management and Handling) Rules, 1989
- Hazardous Wastes (Management, Handling and Trans boundary Movement) Rules, 2008
- Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989
- Bio-Medical Waste (Management and Handling) Rules, 1998
- Chemical Accidents (Emergency Planning, Preparedness and Response) Rules, 1996
- Rules for the Manufacture, Use, Import, Export and Storage of Hazardous
- Micro-Organisms/Genetically Engineered Organisms or Cells, 1989
- Plastics Manufacture, Sale and Usage Rules, 1999
- Noise Pollution (Regulation and Control) Rules, 2000
- Ozone Depleting Substances (Regulation and Control) Rules, 2000
- Essential Commodities Act, 1955
- Essential Commodities (Special Provisions) Act, 1981
- Disaster Management Act, 2005
- Disaster Management National Executive Committee (Procedures and Allowances) Rules, 2006
- Disaster Management (National Institute of Disaster Management) Rules, 2006
- Disaster Management (Term of Office and Conditions of Service of Members of the National Authority and Payment of Allowances to Members of Advisory Committee) Rules, 2006
- National Institute of Disaster Management Regulations, 2006
- Disaster Management (Annual Report of National Authority) Rules, 2006
- Disaster Management (Notice of Alleged Offence) Rules, 2007
- National Disaster Management Authority (Financial Advisor) Recruitment Rules, 2008
- Disaster Management Authority (National Disaster Response Force) Rules, 2008
- The Disaster Management (Removal of Difficulties) Order, 2006
- Establishment of National Disaster Management Authority
Private Equity, Funds and Project Finance
The investments, working capital, share holdings, funds are always first priority to any commercial contracts. Though it is purely confidential part and to be discussed and decided between the parties but for effective implementation and successful commercial transactions, the knowledge of related laws and its applicability to every transaction is relevant. Though the law is very vast but to give a brief idea the relevant and important legislations, related to the subject, are :-
- Foreign Exchange Management Act, 1999
- Foreign Exchange (Authentication of Documents) Rules, 2000
- Foreign Exchange (Compounding Proceedings) Rules, 2000
- Foreign Exchange Management (Adjudication Proceedings and Appeal) Rules, 2000
- Foreign Exchange Management (Current Account Transactions) Rules, 2000
- Foreign Exchange Management (Encashment of Draft, Cheque, Instrument and Payment of Interest) Rules, 2000
- Foreign Exchange Management (Acquisition and Transfer of Immovable Property in India) Regulations, 2000
- Foreign Exchange Management (Acquisition and Transfer of Immovable Property Outside India) Regulations, 2000
- Foreign Exchange Management (Borrowing and Lending in Rupees) Regulations, 2000
- Foreign Exchange Management (Borrowing or Lending in Foreign Exchange) Regulations, 2000
- Foreign Exchange Management (Deposit) Regulations, 2000
- Foreign Exchange Management (Establishment in India of Branch or Office or Other Place of Business) Regulations, 2000
- Foreign Exchange Management (Export and Import of Currency) Regulations, 2000
- Foreign Exchange Management (Export of Goods and Services) Regulations, 2000
- Foreign Exchange Management (Foreign Currency Accounts by a Person Resident in India) Regulations, 2000
- Foreign Exchange Management (Foreign Exchange Derivative Contracts) Regulations, 2000
- Foreign Exchange Management (Guarantees) Regulations, 2000
- Foreign Exchange Management (Insurance) Regulations, 2000 Foreign Exchange Management (Investment in Firm orProprietary Concern in India) Regulations, 2000
- Foreign Exchange Management (Issue of Security in India by a Branch Office or Agency of a Person Resident Outside India) Regulations, 2000
- Foreign Exchange Management (Manner of Receipt and Payment) Regulations, 2000
- Foreign Exchange Management (Permissible Capital Account Transactions) Regulations, 2000
- Foreign Exchange Management (Possession and Retention of Foreign Currency) Regulations, 2000
- Foreign Exchange Management (Realization, Repatriation and Surrender of Foreign Exchange) Regulations, 2000
- Foreign Exchange Management (Remittance of Assets)
- Regulations, 2000
- Foreign Exchange Management (Transfer or Issue of any Foreign Security) Regulations, 2004
- Foreign Exchange Management (Transfer or Issue of Security by a Person Resident Outside India) Regulations, 2000
- Foreign Exchange Management [Withdrawal of General Permission to Overseas Corporate Bodies (OCBs)Regulations, 2003
- Foreign Exchange Management (Removal of Difficulties) Order, 2000
- Foreign Exchange Management (Offshore Banking Unit) Regulations, 2002
- Foreign Exchange Regulation Act, 1973
- Foreign Exchange Regulation Rules, 1974
- Foreign Jurisdiction Act, 1947
- The Negotiable Instruments Act, 1881