Energy Law
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Dispute Resolution
Commercial Litigation
Commercial litigation is as much a question of resource management as it is a question of law. In every file we weigh the prospects of success together with time, cost and recoverability, and reach the decision with the client.
Alongside the preventive legal work our office carries out for companies, we draw on our experience to provide the representation our clients need from beginning to end at the litigation stage, in disputes between companies or among shareholders themselves.
The questions to ask before filing suit
Winning an action for a sum due does not mean that the sum can be recovered. For that reason, at the outset of a file we assess the counterparty's asset position, the availability of precautionary attachment and interim injunctions, and the security arrangements.
Equally, the damage that proceedings lasting years may do to the commercial relationship must be taken into account. In some files the best legal outcome is a well-negotiated settlement protocol.
Proceedings and appellate remedies
Commercial actions are heard before the commercial courts of first instance, as a rule under the simplified or the written procedure. Submitting the evidence together with the statement of claim, keeping commercial books in due form, and raising timely and technical objections to the expert report are the three principal factors that determine the outcome.
Following the first-instance judgment, appeal and, where the conditions are met, cassation stages are pursued. Once the judgment becomes final the enforcement stage begins; our office does not leave the file at that stage either.
What we handle in this area
- Actions for sums due, compensation and breach of contract
- Applications for precautionary attachment and interim injunctions
- Disputes among shareholders and actions for annulment of general assembly resolutions
- Actions concerning the liability of board members
- Unfair competition and trade secret infringement actions
- Negative declaratory and restitution actions
- Insurance and recourse disputes
- Arbitration and alternative dispute resolution processes
- Conduct of appeal and cassation stages
Frequently asked questions
In monetary claims it is a protective measure allowing the debtor's assets to be provisionally seized before the action or proceedings conclude, guarding against the risk that assets will be dissipated. It is generally granted against security. Sought at the right time, it turns a judgment that might otherwise remain on paper into one that can actually be collected.
Failure to object to the report within time and with reasons results in the report being taken as the basis of the judgment. In commercial files involving technical calculation, objecting to the report is the single most critical stage of the action and should generally be prepared together with a certified accountant or an industry expert.
Please note. The content on this page is for general information purposes and does not constitute legal advice. Deadlines and procedural rules may vary according to the particulars of the file. For an assessment of your specific situation, please contact our office.
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