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Generalizing a bit, the legal system isn't quite as efficient in India as in the US or Western Europe. Disputes can take years or even decades[1] to settle. Thi
by signal11 11y ago
Generalizing a bit, the legal system isn't quite as efficient in India as in the US or Western Europe. Disputes can take years or even decades[1] to settle. This Bloomberg article[2] calls it "horribly dysfunctional" and having worked there I agree. You do not want to go to court. There's many reasons for this, there's about 14 judges per million people and the justice system is run like it's 1940 - no computers mostly, massive piles of paper, etc.
The World Bank ranks India 178 out of 188 in contract enforcement[3] -- essentially if you have a dispute, especially a small one, you may be better off cutting your losses. If you're up against someone with patronage/influence your chances are even dimmer (which is why you need to have your own patrons/influencers if you are serious about doing business in India, which just perpetuates a bribes-and-corruption culture). It also causes people to take matters into their own hands, because if you suspect your employer won't pay your salary, you can't file a suit. It actually makes more sense to lock him up (as long as he isn't harmed the likelihood of a criminal case is remote) until he releases the cash.
For companies for whom this is feasible, one common workaround is to add boilerplate to their contracts to be subject to Singapore courts for dispute resolution (much faster!).
[1] https://www.google.com/search?q=court+case+taking+decades+india https://www.google.com/search?q=court+case+taking+decades+in...
[2] http://www.bloombergview.com/articles/2014-11-25/speeding-up-indias-courts http://www.bloombergview.com/articles/2014-11-25/speeding-up...
[3] http://www.doingbusiness.org/data/exploreeconomies/india/enforcing-contracts http://www.doingbusiness.org/data/exploreeconomies/india/enf...
- logfromblammo 11y agoSo the Clark Griswold Christmas Vacation plan? I'll keep that in mind next time I don't even get a subscription to the Jam of the Month club at the end of the year. It may well be that India is bad for contract enforcement, but here in the U.S., many of us don't even have a contract to enforce. Last time my entire office was escorted out of the building by security, on 3 days notice and with no severance package, there wasn't even anyone around that we could have taken hostage. It would have been a dream come true to be able to mildly inconvenience the person most directly responsible for our permanent layoffs for a couple of days, get a monetary concession, and have the cops and local political flacks on our side! Instead, all we got was a fresh boot-print on our collective backsides.