There are times when notices, mediations and negotiations fail. In such a case the entrepreneur needs to claim damages before court or through arbitration proceedings. It is crucial to draw up the provisions of the agreement with utmost precision, so that the parties’ declarations expressed in writing make their intentions clear. The protection measures foreseen in the agreement, e.g. the provision for the arbitration court, should allow for a quick and effective pursuit of rights. It is necessary to document the performance of the contract and the fulfilment of mutual obligations, which – in the event of a dispute – will allow to determine which of the parties has failed to fulfil their obligations or has fulfilled them unsatisfactorily.
In the event of a dispute, the entrepreneur not only has to face the specific character of formalised civil proceedings, but also needs to make decisions of key importance for the further course of the case – as regards evidence documents, witnesses, expert opinions. Adopting a consistent and coherent strategy at the beginning of the proceedings requires much work and determines the position in judicial procedure, as it is frequently impossible to provide new arguments and evidence at later stages of proceedings.
In the area of court and arbitration disputes, the attorneys from our firm:
- assess the chances in a judicial procedure;
- analyse the evidence present;
- estimate the costs of legal proceedings and representing the client before common courts, the Supreme Court and arbitration courts, including the Arbitration Court at the National Chamber of Commerce;
- represent entrepreneurs in cases for failure to perform or improper performance of commercial agreements, cases between lessors and lessees, cases concerning strict liability, liability for damages, disputes between partners/shareholders, unfair competition and Internet domains-related matters, labour disputes.