Legal Framework for Resolution of Disputes in Joint Venture Companies

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Authors: Swastika Ghosh
Cited by: 0

Abstract

Joint ventures in India represent a strategic synthesis of collaboration ambition and regulatory complexity. These corporate alliances emerge as vehicles through which domestic enterprises and foreign entities pool resources access new markets and share entrepreneurial risk. Yet the Indian legal landscape governing such ventures remains fragmented and evolving. While the concept of a joint venture in India lacks a statutory definition the jurisprudence of the Supreme Court of India delineates its essential characteristics: contribution of assets joint control mutual profit expectation and shared risk. The regulatory architecture encompasses the Companies Act 2013 the Limited Liability Partnership Act 2008 the Partnership Act 1932 the Competition Act 2002 and the Foreign Exchange Management Act 1999 working in tandem to regulate the formation operation and dissolution of joint ventures. Key legal issues that dominate the discourse include selection of appropriate legal form corporate governance and fiduciary obligations intellectual property rights and contractual risk allocation exit and dissolution mechanisms and compliance with tax and foreign investment norms. This paper undertakes a doctrinal analysis of these themes drawing upon statutory provisions judicial decisions and scholarly commentary. It proposes a coherent framework for joint venture governance in India's one that emphasises clarity in agreements robust governance structures and regulatory convergence so that collaborative ventures may thrive without sacrificing legal certainty or investor protection.

Fields of Study & Subjects

Corporate Governance and Law Business Law and Ethics International Arbitration and Investment Law

Publication details

Journal / source
Zenodo (CERN European Organization for Nuclear Research)
Publication date
30 January 2026
Language
EN