Partnership disputes

“Resolving partnership disputes—protecting your business interests, ensuring a fair and equitable resolution.”

Partnership disputes will remain a critical challenge for businesses in India, as commercial relationships grow increasingly multifaceted and interconnected. As the regulatory landscape evolves and business operations become more complex, disagreements between partners over issues such as mismanagement, breach of fiduciary duties, profit-sharing, ownership rights, and decision-making authority are expected to escalate. In an era marked by rapid economic shifts and evolving business models, particularly in the aftermath of the pandemic, the need for expert legal guidance to resolve such disputes with efficiency and precision has never been more pressing.

Our law practice advices clients using a blend of strategic foresight, legal acumen, and tailored dispute resolution techniques. We help navigate clients through the intricacies of mediation, arbitration, and litigation, ensuring both the preservation of partnerships and the continuity of business. With a keen understanding of emerging legal reforms and the growing influence of digital platforms in business dealings, we help our clients with solutions that are not only legally sound but commercially pragmatic, fortifying their interests in an increasingly competitive and complex marketplace.

Service lines
Partnership Agreement Drafting and Review
  • Customised Partnership Agreement Drafting: Drafting and reviewing partnership agreements to clearly define roles, responsibilities, profit-sharing, dispute resolution procedures, and exit strategies to minimise future disputes.
  • Amendments to Partnership Agreements: Assisting in amending partnership agreements to accommodate changing business needs, ensuring that legal and operational provisions are up-to-date.
  • Termination and Exit Clauses: Crafting exit strategies and termination clauses to protect the interests of all partners in the event of disputes or dissolution.
Partnership Dissolution and Liquidation
  • Dissolution of Partnership Agreements: Assisting in the legal dissolution of partnerships when necessary, guiding clients through the process and ensuring compliance with legal requirements for winding up.
  • Liquidation of Partnership Assets: Providing legal support for the liquidation of partnership assets, distributing proceeds fairly among partners, and resolving claims or disputes regarding asset division.
  • Debt Settlement and Claims Management: Handling the settlement of partnership debts and managing claims from creditors, ensuring an orderly dissolution process in line with legal provisions.
Valuation and Profit Sharing Disputes
  • Business Valuation in Disputes: Advising on business valuation techniques for resolving disputes related to the value of the partnership or assets during a dispute or dissolution process.
  • Profit Sharing Disputes: Representing clients in resolving disputes over the distribution of profits, ensuring that profit-sharing ratios and financial contributions are fairly accounted for.
Minority Partner Protection
  • Protecting Minority Partners’ Interests: Ensuring that the rights and interests of minority partners are protected, especially in cases of oppression, exclusion from decision-making, or unfair practices by majority partners.
  • Claims for Oppression and Mismanagement: Representing minority partners in claims of oppression or mismanagement, where majority partners act in ways detrimental to the minority’s interests.
  • Rights to Financial Disclosure and Access to Records: Enforcing the rights of minority partners to access financial information and partnership records to ensure transparency and fairness.
Insolvency and Bankruptcy in Partnerships
  • Partnership Insolvency Proceedings: Assisting clients in navigating insolvency and bankruptcy proceedings in partnership disputes, ensuring the protection of their legal and financial interests.
  • Debt Restructuring in Partnerships: Providing legal strategies for debt restructuring in partnerships facing financial challenges, including the re-negotiation of debt terms and dispute resolution.
  • Liquidation and Distribution of Assets: Offering guidance on the liquidation of partnership assets and the distribution of proceeds among partners or creditors during insolvency.
Dispute Resolution in Partnerships
  • Mediation and Arbitration in Partnership Disputes: Offering alternative dispute resolution mechanisms, including mediation and arbitration, to resolve partnership disagreements in a cost-effective and confidential manner.
  • Litigation for Partnership Disputes: Representing clients in partnership disputes through litigation in courts, ensuring strategic positioning and effective legal arguments for a fair resolution.
  • Settlement Negotiations: Acting as intermediaries in negotiations to settle partnership disputes amicably, ensuring a mutually agreeable resolution that preserves business relationships.
Fiduciary Duty Violations
  • Breach of Fiduciary Duty Claims: Advising clients on the legal recourse available in cases where a partner violates their fiduciary duty by acting in self-interest or neglecting the interests of the partnership.
  • Claims for Financial Mismanagement: Providing counsel on how to address financial mismanagement by a partner, ensuring corrective measures are implemented and legal remedies pursued.
  • Enforcement of Duties and Obligations: Enforcing the duties and obligations of partners as stipulated in partnership agreements, ensuring accountability and transparency in business dealings.
Partnership Agreement Drafting and Review
  • Customised Partnership Agreement Drafting: Drafting and reviewing partnership agreements to clearly define roles, responsibilities, profit-sharing, dispute resolution procedures, and exit strategies to minimise future disputes.
  • Amendments to Partnership Agreements: Assisting in amending partnership agreements to accommodate changing business needs, ensuring that legal and operational provisions are up-to-date.
  • Termination and Exit Clauses: Crafting exit strategies and termination clauses to protect the interests of all partners in the event of disputes or dissolution.
Partnership Dissolution and Liquidation
  • Dissolution of Partnership Agreements: Assisting in the legal dissolution of partnerships when necessary, guiding clients through the process and ensuring compliance with legal requirements for winding up.
  • Liquidation of Partnership Assets: Providing legal support for the liquidation of partnership assets, distributing proceeds fairly among partners, and resolving claims or disputes regarding asset division.
  • Debt Settlement and Claims Management: Handling the settlement of partnership debts and managing claims from creditors, ensuring an orderly dissolution process in line with legal provisions.
Valuation and Profit Sharing Disputes
  • Capital Contributions and Draws Disputes: Addressing disagreements regarding the capital contributions of partners and the draw of funds from the partnership.
Breach of Contract and Agreement Enforcement
  • Enforcing Partnership Agreements: Taking legal action to enforce the terms of partnership agreements when one partner breaches their contractual obligations, ensuring the rights of other partners are upheld.
  • Claims for Breach of Contract: Representing clients in partnership disputes arising from breaches of contract, seeking remedies for damages caused by non-compliance with agreed terms.
  • Legal Recourse for Breaches in Specific Clauses: Offering legal remedies for breaches related to specific clauses in partnership agreements, such as non-compete, non-disclosure, and exclusivity clauses.
Dispute Resolution for Partners' Rights and Liabilities
  • Disputes Over Partners’ Rights and Liabilities: Advising on and resolving disputes regarding the rights and liabilities of individual partners, including ownership rights, decision-making powers, and liabilities for partnership debts.
  • Disputes Over Partner Removal and Replacement: Providing legal counsel on disputes over the removal or replacement of partners, ensuring that processes follow the terms of the partnership agreement or applicable laws.
Minority Partner Protection
  • Protecting Minority Partners’ Interests: Ensuring that the rights and interests of minority partners are protected, especially in cases of oppression, exclusion from decision-making, or unfair practices by majority partners.
  • Claims for Oppression and Mismanagement: Representing minority partners in claims of oppression or mismanagement, where majority partners act in ways detrimental to the minority’s interests.
  • Rights to Financial Disclosure and Access to Records: Enforcing the rights of minority partners to access financial information and partnership records to ensure transparency and fairness.
Insolvency and Bankruptcy in Partnerships
  • Partnership Insolvency Proceedings: Assisting clients in navigating insolvency and bankruptcy proceedings in partnership disputes, ensuring the protection of their legal and financial interests.
  • Debt Restructuring in Partnerships: Providing legal strategies for debt restructuring in partnerships facing financial challenges, including the re-negotiation of debt terms and dispute resolution.
  • Liquidation and Distribution of Assets: Offering guidance on the liquidation of partnership assets and the distribution of proceeds among partners or creditors during insolvency.
Partnership Fraud and Misrepresentation
  • Fraud Claims Against Partners: Providing legal support in cases of fraud or misrepresentation by partners, taking swift legal action to protect the interests of the partnership and its stakeholders.
  • Claims for Misappropriation of Funds: Handling cases of financial fraud where a partner misappropriates partnership funds, ensuring that legal remedies are pursued to recover assets.
Cross-Border Partnership Disputes
  • Cross-Border Disputes in International Partnerships: Representing clients in partnership disputes involving international partners, navigating complex jurisdictional issues and international legal frameworks.
  • Enforcement of Foreign Judgments and Awards: Providing assistance with the enforcement of foreign judgments or arbitral awards in cross-border partnership disputes, ensuring that legal resolutions are honoured.
Corporate Partnership Disputes
  • Disputes Between Corporate Partners: Providing legal services to address disputes between corporate partners in joint ventures, LLPs, or other corporate structures, ensuring smooth resolution aligned with business interests.
  • Disputes Involving Corporate Governance: Advising clients on governance issues arising from corporate partnerships, including conflicts over voting rights, board composition, and executive control.
Intellectual Property and Partnership Disputes
  • IP Ownership and Usage Disputes in Partnerships: Resolving disputes related to the ownership, use, and distribution of intellectual property created during the course of the partnership.
  • Trademark and Copyright Disputes Between Partners: Offering legal solutions to intellectual property disputes arising from conflicting interests in trademarks, copyrights, or patents within a partnership.
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