Disputes resolved with forensic precision — and commercial strategy.
Litigation without technical intelligence is a disadvantage you cannot afford. SIRI Law LLP's litigation practice combines sharp courtroom advocacy with digital forensics, cyber evidence preservation, and technical expert support, giving clients a decisive advantage in disputes involving digital systems, data, contracts, and technology.
Getting the litigation-vs-arbitration answer right, not generic
There's a real, current gap in how India enforces emergency arbitrator orders — and it should shape how your contract is drafted today.
Some dispute resolution content answers "litigation vs. arbitration" with the textbook version: litigation is public and court-enforced, arbitration is private and typically faster, foreign awards travel under the New York Convention. All true, but it skips a genuinely important, current wrinkle that changes what a well-drafted arbitration clause should actually say in 2026. An emergency arbitrator's interim order — the kind institutions can issue within days, before the full tribunal is even constituted — is not yet treated by Indian courts as an order of a duly constituted arbitral tribunal under Section 17 of the Arbitration and Conciliation Act. That's a real enforcement gap, not a theoretical one.
The Supreme Court partially closed this gap through interpretation in Amazon.com NV Investment Holdings v. Future Retail Ltd. (2021), holding that emergency arbitrator orders are enforceable — but a judicial holding is not the same as statutory certainty, and the precise interaction between emergency arbitration and a party's parallel right to seek interim relief from a court under Section 9 remains a genuine grey area. The draft Arbitration and Conciliation (Amendment) Bill, circulated for public consultation, proposes to fix this properly by introducing a new Section 9-A giving emergency arbitrator orders explicit statutory force. As of 2026, that Bill remains in consultation, not enacted.
The practical upshot for anyone drafting a dispute resolution clause today: build in the institution's emergency arbitrator procedure where speed matters, but pair it with an explicit parallel right to seek interim relief from the Commercial Court under Section 9, precisely because the emergency arbitrator route's enforcement is not yet statutorily guaranteed. That's a drafting decision informed by the current state of the law, not a generic boilerplate clause.
Where disputes are actually won or lost
The difference between winning and losing a dispute is often decided before the first hearing
These are the recurring patterns behind the disputes SIRI's litigation practice handles most often.
Evidence preservation failures lose cases
In cyber disputes and commercial conflicts, digital evidence degrades rapidly. Without immediate forensic preservation under legal privilege, critical evidence is lost before proceedings begin.
Technical disputes require technical experts
Contract disputes involving software, data breaches, and cyber fraud require expert witnesses who can translate technical findings into legally compelling arguments.
Settlement pressure without leverage
Without a technically validated assessment of the opposing party's liability exposure, you negotiate from weakness rather than strength.
Jurisdictional complexity in cyber disputes
Cyber fraud, data breaches, and technology disputes often involve multiple jurisdictions, digital evidence rules, and emerging regulatory frameworks that traditional litigation lawyers cannot navigate.
What we handle
Litigation and dispute resolution across commercial, cyber, and IP matters
Full advocacy from evidence preservation through judgment and enforcement, across courts, tribunals, and arbitration throughout India.
Commercial Contract Disputes
Contract interpretation, breach of contract proceedings, force majeure disputes, payment recovery, termination rights, and specific performance, in civil courts, high courts, and commercial courts across India.
Corporate & Shareholder Disputes
Shareholder oppression, director removal, minority rights enforcement, derivative suits, and corporate governance disputes under Companies Act 2013.
Cyber Litigation & Digital Disputes
Cybercrime proceedings, data breach liability claims, online fraud recovery, cyber defamation, digital asset disputes, and IT Act offences, with in-house forensic evidence preservation.
IP & Technology Disputes
Patent infringement, trademark disputes, copyright violations, trade secret misappropriation, software licensing disputes, and emergency injunctive relief.
Employment & Labour Disputes
Wrongful termination claims, non-compete enforcement, breach of confidentiality, POSH Act proceedings, and labour tribunal representation.
Arbitration & ADR
Domestic and international commercial arbitration, mediation, emergency arbitration applications drafted with the current enforcement gap in mind, and enforcement of foreign arbitral awards.
Emerging dispute fronts
AI & technology disputes
AI systems are generating disputes: automated decisions that injure parties, AI vendor disputes over model performance, and digital evidence disputes in court proceedings. We advise clients on evidence preservation for AI-related disputes and represent parties in technology litigation before courts and tribunals.
Evidence, not guesswork
Litigation vs. arbitration in 2026 — the current picture
Not the textbook version. The version accounting for what's actually pending and what's already changed.
| Dimension | Litigation (commercial courts) | Arbitration |
|---|---|---|
| Enforceability | Judgment enforced by the state directly | Domestic: Arbitration Act §36. Foreign: New York Convention, Part II |
| Emergency interim relief | Court retains inherent power to grant injunctions directly | Emergency arbitrator orders enforceable per Amazon v. Future Retail (2021) — but not yet on statutory footing under §17 |
| Target speed (2026 reforms) | 12–18 months under proposed Commercial Courts reforms | Comparable for institutional arbitration; ad hoc can run significantly longer |
| Confidentiality | Public proceedings | Private — a genuine advantage for commercially sensitive disputes |
| Cost risk | Enhanced cost orders and adjournment sanctions under 2026 regime | Significant but more predictable |
Sources: Arbitration and Conciliation Act 1996, as amended; Amazon.com NV Investment Holdings LLC v. Future Retail Ltd. (2021); draft Arbitration and Conciliation (Amendment) Bill, public consultation; proposed Commercial Courts Amendment, 2026. Reform proposals remain subject to change before enactment — confirm current statutory text with counsel before relying on any specific provision for an active matter.
What the numbers actually mean
Four figures that frame dispute strategy today
The first 48 hours after discovery largely determine whether recovery is possible at all.
In 60 days, via forensic-led emergency asset-freezing and civil recovery — see the case study below.
Still a drafting consideration, not a settled certainty, until the amendment Bill is enacted.
Under proposed 2026 reforms — reshaping when litigation beats arbitration on speed alone.
Why SIRI
Litigation backed by forensic intelligence
We don't just argue — we build technically verified cases that are harder to challenge and more compelling to adjudicate. In-house forensics under privilege from day one.
In-house digital forensics
Court-admissible digital evidence preserved and certified by SIRI's in-house forensic analysts, maintaining chain-of-custody from collection through presentation. No third-party hand-off, no evidentiary gaps.
Technical expert witnesses
Our security engineers and forensic analysts can be deployed as expert witnesses in cyber, technology, and data disputes, providing technically credible, legally structured testimony.
Pre-litigation intelligence
Before proceedings begin, we assess the opposing party's legal and technical exposure, identifying compliance failures and liability gaps that create settlement leverage.
Emergency relief
Injunctions, Anton Piller orders, and emergency arbitration applications filed at speed, drafted with the current statutory gap in mind and with technical evidence already preserved.
How we approach disputes
From instruction to resolution — four stages
A disciplined dispute strategy that maximises recovery, minimises exposure, and preserves settlement optionality throughout proceedings.
Evidence Preservation
Immediate digital evidence preservation under legal privilege — system logs, email records, transaction data, and digital artefacts collected and certified before they are altered or destroyed.
Day 1Liability Assessment
Legal and technical assessment of your position, the opposing party's exposure, available remedies, and realistic outcome modelling, producing a dispute strategy document.
Week 1Proceedings & Strategy
Pleadings, interlocutory applications, evidence filing, hearing preparation, and negotiation management, with tactical adjustments as proceedings develop.
Weeks 2–6Settlement or Judgment
Settlement negotiation with technical leverage, or judgment and enforcement proceedings including asset attachment and decree execution.
ResolutionCase study · Cyber fraud recovery
FinTech company recovers ₹3.1 Cr from business email compromise through forensic-led litigation
A Hyderabad FinTech platform suffered a BEC attack resulting in ₹3.8 Cr in fraudulent fund transfers. SIRI Law LLP preserved forensic evidence within hours of discovery, identified the attack vector, filed emergency court applications for asset freezing, coordinated with law enforcement, and initiated civil recovery proceedings.
₹3.1 Cr was recovered within 60 days — a result that depended entirely on how fast the first steps happened, since the case study below on 48-hour windows makes clear that delayed evidence preservation is usually what makes recovery impossible.
Representative matters
Typical engagements
All matters described generically to protect client confidentiality.
Injunction restraining asset diversion
Successfully obtained an injunction restraining a former business partner from diverting company assets pending resolution of a ₹4 crore dispute.
Arbitrary licence cancellation quashed
Filed and argued a writ petition challenging arbitrary cancellation of a business licence. Court granted stay and subsequently quashed the order.
Anticipatory bail secured for director
Obtained anticipatory bail for a director facing arrest in a financial fraud FIR, successfully arguing lack of specific allegations and cooperation with investigation.
Settlement with partial refund and licence extension
Represented a technology company in a dispute with an AI vendor regarding non-performance of model accuracy warranties, achieved settlement with partial refund and licence extension.
Dispute-specific services
Deep dives into each litigation practice area
Corporate Litigation
Shareholder disputes, director removal, corporate governance.
Commercial Disputes
Contract breaches, payment recovery, force majeure.
Class Action Litigation
Collective proceedings and representative actions.
Contract Disputes
Interpretation, breach, termination, specific performance.
IP Litigation
Patent, trademark, copyright, and trade secret disputes.
Employment Disputes
Wrongful termination, non-compete, POSH proceedings.
Wrongful Termination
Employee-side and employer-side representation.
Personal Injury
Medical malpractice and product liability claims.
Cyber Law & Digital Risk
Cybercrime advisory, breach response, digital forensics.
Client benefits
Why clients choose SIRI Law LLP
Senior advocate involvement
Every contested matter receives direct involvement of a senior advocate. You are never represented only by a junior.
Honest pre-litigation assessment
We assess merits, timelines, costs, and prospects before you commit, including realistic settlement advice.
Digital evidence expertise
We handle digital evidence — extraction, admissibility, authentication — in coordination with our forensics practice.
Cross-forum strategy
Many disputes benefit from combining court proceedings with regulatory complaints and arbitration. We advise on the optimal approach.
Frequently asked
Commercial litigation, answered directly
What types of commercial disputes does SIRI Law LLP handle?
We handle the full spectrum: contract breaches, payment recovery, shareholder conflicts, IP infringement, cyber fraud, data breach liability, employment disputes, technology licensing conflicts, and corporate governance disputes. We appear before civil courts, commercial courts, high courts, NCLT, and arbitration tribunals across India.
How quickly can you file for emergency injunctive relief?
An emergency injunction application can be filed within hours of instruction, provided the evidence is already preserved. SIRI's combined legal and forensic capability means we can simultaneously preserve digital evidence, draft the application, and brief the court, typically within the same working day for urgent matters.
Can you pursue cyber fraud recovery?
Yes. Cyber fraud recovery requires immediate forensic evidence preservation, coordination with the banking system for reversals, law enforcement liaison, and simultaneous civil proceedings for asset freezing and recovery. The first 48 hours determine whether recovery is possible.
What is the difference between litigation and arbitration in India right now?
Litigation proceeds through public courts and produces a judgment enforceable by the state; arbitration is private and produces an award enforceable domestically under Section 36 of the Arbitration and Conciliation Act, or internationally under the New York Convention for foreign awards. One current gap worth knowing about: an emergency arbitrator's interim order is not yet treated by Indian courts as an order of a duly constituted arbitral tribunal under Section 17, creating a real enforcement uncertainty that the Supreme Court has partially addressed through interpretation but that remains unresolved in statute. A draft Arbitration and Conciliation (Amendment) Bill proposes to fix this by giving emergency arbitrator orders statutory force, but it remains in the consultation stage. Until it is enacted, we draft dispute resolution clauses with a parallel Section 9 court-relief carve-out precisely to cover this gap. Separately, 2026 Commercial Courts reforms are targeting faster court disposal timelines with a tighter cost regime, which is shifting the calculus for when litigation is genuinely faster than arbitration for a given dispute.
Do you handle cross-border disputes?
Yes. We manage disputes with cross-border dimensions including international commercial arbitration, enforcement of foreign arbitral awards in India, and disputes involving foreign parties with Indian assets. We work with correspondent firms in relevant jurisdictions where local law representation is required.
Ready when you are
Your dispute deserves counsel with forensic intelligence behind it.
Book a confidential dispute assessment with SIRI Law LLP. We will assess your legal position, the opposing party's exposure, and recommend the optimal dispute strategy.
Related services
Other ways SIRI Law LLP supports your dispute strategy
Ransomware & crisis legal response
24/7 emergency response feeding directly into cyber litigation and recovery.
Corporate & commercial law
Contract drafting that reflects current arbitration enforcement gaps.
IPR & technology law
The underlying IP practice behind our patent and trademark litigation.
Visit or contact us
SIRI Law LLP — Hyderabad, India
| Registered office | HITEC City, Madhapur, Hyderabad, Telangana 500081, India |
| Telephone | +91 79819 12046 |
| info@sirilawllp.com | |
| Other offices | New Delhi, India · Austin, Texas, USA · Online worldwide |
| Hours | Mon–Sat, 9:30 AM – 7:00 PM IST · Emergency line 24/7 |