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Tripathi

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Submitted By ritwika
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Investigative Intelligence
By Ramon Ghosh, Senior Director of Kroll’s India operations

Commercial disputes in India an investment or contract encounters difficulty and often opt to have an arbitration clause in their contract to hold proceedings on foreign shores – the preferred venue being the Singapore International Arbitration Centre. Companies entering into arbitration are always reminded to consider the practical enforceability of a positive finding before entering into proceedings. This often involves asset searches and identifying what is held by an opposing party in terms of property, plants and other valuable resources. As public records can be limited in India, Kroll uses discrete human source enquiries to provide clients with information on what assets are held by their adversary and may be pursued pending the enforcement of an arbitration judgment. This information can often move an arbitration forward to its logical conclusion or can provide the client with a realistic picture of whether incurring the time and cost of pursuing proceedAlternative remedies ings is worthwhile. Rather than face the bleak prospect of Companies engaged in business in “Companies engaged in lengthy litigation delays, there are India should not be deterred by the other ways in which clients can business in India should prospect of difficulty in enforcing achieve a favourable outcome in not be deterred by the contracts. There are a number of difcommercial disputes, and Kroll has ferent avenues open for companies to been instructed in a number of cases prospect of difficulty in consider, including using human as consultants to clients with ongoing enforcing contracts” source intelligence to investigate replitigation in India’s courts. Such utational issues, as well as witness projects typically involve assessing location services to assist with ongoan adversary’s weaknesses

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