New Delhi
Investment disputes between Indian business partners typically arise from disagreements over financial contributions, profit-sharing, roles and responsibilities, or the interpretation of partnership agreements. These disputes can emerge in various business structures, including joint ventures, partnerships, or private limited companies.
Common causes of investment disputes include unclear terms in the partnership agreement, lack of transparency in financial dealings, mismanagement of funds, or differing visions for the business's direction. Disputes may also occur when one partner fails to meet agreed financial commitments or when profits are not distributed according to the partnership terms.
To resolve such disputes, it is essential to have a well-drafted partnership or shareholder agreement that outlines the terms of investment, ownership shares, decision-making processes, and dispute resolution methods, such as mediation or arbitration. Indian business partners often use alternative dispute resolution (ADR) methods to avoid lengthy and expensive court proceedings.
If a dispute escalates, legal action may be required. In India, the Companies Act, 2013, and the Indian Partnership Act, 1932, provide frameworks for resolving disputes involving investments in businesses. Courts may intervene to settle issues related to breach of contract, fiduciary duties, or fraud.
Preventing investment disputes requires clear communication, transparency, and periodic reviews of the partnership agreement to address evolving business needs.