COMMERCIAL DISPUTES

We provide effective representation in court and arbitration disputes, as well as before administrative bodies and administrative courts, with regard to the full scope of rendered legal services, particularly in disputes related to commercial contracts, construction contracts, projects in infrastructure, energy, real estate, company law and debt collection.

Before and during every commercial dispute we concentrate on:

  • dispute risk evaluation
  • creation of long-term litigation strategies and temporary solutions
  • negotiation of terms of court and out-of-court settlements
  • comprehensive representation of Clients in order to protect their interests in mediation, litigation or arbitration
  • use of litigation tactics as a means of achieving the Client’s business objectives

The commercial disputes practice covers matters such as:

  • claims for payment, including settlements for performance of contractual obligations, contractual penalties, unjust enrichment and setoff, execution proceedings, and asset searches, particularly locating assets transferred by debtors to third parties to the detriment of creditors
  • breach of contract in commercial matters, including sale contracts, contracts of mandate and service contracts, contracts to perform a specific work, construction contracts, leases, tenancy agreements and finance leasing contracts, logistics and shipping contracts, banking and project finance agreements, insurance contracts, shareholders agreements, real estate contracts, and agreements involving capital markets
  • contract performance at every stage, from disputes over capacity to enter into a commercial contract or the form of conclusion of the contract (through offer, tender or negotiations), to contract interpretation, determination of the existence or non-existence of the contract, transfer of contractual rights and obligations to third parties, and obtaining specific performance of contracts by judicial intervention
  • claims for damages – to redress injury (actual loss or lost benefits) suffered at the stage of negotiations and pursuant to the representations and warranties made upon entering into the contract, as well as for breach of contract or tort. We also pursue claims for damages stemming from authorisation for substitute performance at the defendant’s cost, together with compensation for losses suffered
  • disputes on the basis of public procurement contracts
  • disputes related to protection of entrepreneurs’ personal rights
  • exercise of security for contractual obligations, including calling on bank guarantees or third-party guarantees, taking title to collateral, confessions of judgment via notarial deed, performance bonds, assignment of receivables as security, debt assumption agreements, security deposit and escrow agreements
  • representation in injunction and security proceedings, as well as enforcement proceedings