Practice Areas
Litigation
Arbitration in India is governed by the Indian Arbitration and Conciliation Act, 1996. It is based on the Model Law on International Commercial Arbitration adopted by the United Nations Commission on International Trade Law (UNCITRAL) in 1985.
Arbitration is parallel to litigation, the parties at the time of entering into a contract, mutually agree that they would resolve their disputes by Arbitration, this agreement restricts the parties from approaching the Court for resolution of their dispute.
The parties may or may not decide in advance as to who would arbitrate their dispute. In certain cases, Arbitrators are appointed by Courts also. The arbitral award is executable in Court of law and no Appeal lies against the Award. However, objections to the Arbitral Award can be filed in Court.
LLP is well equipped to address the issues of relating to Arbitration. Former judges of Supreme Court of India and High Courts and Senior Advocates are associated with us, those who are qualified to be appointed as an Arbitrator. From the appointment of Arbitrator to the Arbitration process, every step would be taken care of by LLP.
Arbitration &
Mediation
Writ
A right without remedy is of no value, it is the remedy that makes a right meaningful, impactful and real. In absence of any remedy, there is no meaningful right at all. While enunciating fundamental rights, the Constitution of India sought to make them real by providing remedies for their enforcement.
Article 32 provides a guaranteed remedy for the enforcement of fundamental rights and this remedial right is itself made a fundamental right by being included in Part III of the Constitution. Under Cl.(2) of the Article, the Supreme Court has been given the power to issue directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate for the enforcement of any of the rights conferred by Part III of the constitution.
Under Cl.(3) Parliament is given the power by law to invest any other Court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the Supreme court under Cl.(2). And Cl.(4) guarantees that the right to move the Supreme Court under Art. 32 shall not be suspended except as otherwise provided for by the Constitution.
Drafting is one of the most fundamental parts of Litigation and often the most neglected. A single line or often a single word omitted, out of place or misplaced, can prejudicially affect the legal rights of the litigant. The difference between success and failure in litigation can often hinge on the quality of drafting.
We at Lex Locum Consultants LLC take the aspect of drafting very seriously. Our Partners are experts in the field of drafting and hold regular in-house meetings to inculcate and improve the skills of drafting amongst the Associate Advocates. Every draft is personally scrutinized by the Partners before it is sent for filing. In appropriate matters, we also open to taking opinion of outside Senior Advocates and specialists in the fields. The paramount objective of the Firm is to ensure that the interests of the clients are served in the best manner possible.
Drafting & Conveyancing
Taxation
- Corporate tax planning to optimize tax efficiency.
- Consultation on The Black Money Act, 2015, focusing on undisclosed foreign income and assets.
- Tax guidance for infrastructure projects, including SEZs, tax holidays, and government incentives.
- Succession planning and family arrangements, encompassing trust formation and other strategies.
- Analysis and advice on state-level VAT and the GST regime, including contract reviews for GST implications.
- Expertise in customs and excise duties, and foreign trade policy matters.
- Strategic assessment of tax costs and input tax credits for business models.
- Reviewing business models to identify tax risks and uncover potential savings.
The Corporate sector in India has been subjected to fundamental and pervasive changes over the last few years. From a new Companies Act, 2013 (which is being further amended) to constantly changing SEBI Regulations, an entirely new GST regime to Insolvency and Bankruptcy Code – a wholly new regimen of law and compliances has come into being for the corporates.
The fora for corporate litigation has also changed from Company Law Board (CLB), BIFR/AAIFR and DRT/DRAT to NCLT and NCLAT.
It is important in these circumstances to effectively manage the change. Lex Locum Consultants LLP provides effective legal advise and legal assistance to enable all our corporate clients to identify the opportunities and advantages presented by the new legal regimen and harness the same to propel their growth
Corporate Law
Consultation
Consultation is an integral part of system of justice. Legal consultations are required for any commercial / business activity right from the inception of idea of commercial activities. The acquisition of property, appointment of staff, agreements with the vendors and customers require legal consultations and a proper advice can be useful to avoid any legal complication at subsequent stage. Lex Locum and its partners are excellent consultants and are available to provide advice for various legal/commercial requirements.
Consultation is also required before, during and subsequent to litigation. A good advice can avoid inconvenience and expenses.
- Gender Sensitivity Training: These sessions are designed to educate employees about sexual harassment, clearly delineating acceptable and unacceptable behaviors in the workplace. Our aim is to foster a culture of respect and understanding, ensuring a safe and conducive work environment for all genders.
- Organizational Responsibility Training: We emphasize the organization’s role in addressing sexual harassment at the workplace. This includes training on the processes of handling complaints, ensuring swift and fair resolution of issues, and maintaining a zero-tolerance policy towards any form of gender-hostile behavior.
- Human Resource and Statutory Compliance: Our training also extends to other vital areas of Human Resource management and statutory compliances, equipping organizations with the knowledge to manage their workforce effectively while adhering to legal and ethical standards.