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Pragya Jain

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Associate in the Dispute Resolution Practice at the Noida office of Cyril Amarchand Mangaldas. She advises on commercial disputes, general civil litigation, arbitration and occasionally white-collar crimes. She can be reached at pragya.jain@cyrilshroff.com

Compulsory Pre-Litigation Mediation for Commercial Suits – A Boon or a Bane

Introduction

The increased sophistication with which mammoth corporates, mid-segment businesses and even small & gig economy players conduct their businesses today has bred a trusting atmosphere in which entities are willing to accept amicable forms of dispute resolution, such as mediation, instead of turning to traditional litigation. Commercial entities are benefited from this shift since it helps them to maintain a healthy business relationship with their contemporaries even in the face of commercial disputes that may arise in the course of business, without having to compromise on confidentiality or reputation.Continue Reading Compulsory Pre-Litigation Mediation for Commercial Suits – A Boon or a Bane?

Tracing the Grey Lines Interim Relief in Case of Disparagement Claims in Comparative Advertising

With increased incidences of trade wars between business rivals through commercial advertising in print and electronic media, there is an apparent need to identify the threshold at which the publication of a certain advertisement becomes defamatory or disparaging to another’s product. The Apex Court has declared that the publication of commercial advertisements forms a part of ‘commercial speech’ protected under Article 19(1)(a) of the Constitution.[1]Continue Reading Tracing the Grey Lines : Interim Relief in Case of Disparagement Claims in Comparative Advertising