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Commercial disputes

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Commercial Economic disputes

Commercial litigation - disputes between business entities – one of the most common types of disputes subordinated to economic courts.

Claim work is an integral part of any active company. The breach of contract, non-delivery, late payment, poor performance of work or services are just a few examples that occur in practice, leading to disputes between counterparties.

The first step in resolving any conflict, as a rule, is handling complaints, which until recently must have been preceded by an appeal to the court. At the moment, based on the constitutional right of every person to judicial protection, business disputes can immediately be transmitted to the court, bypassing the procedure of pre-trial settlement.

Contract disputes related to the breach of contract, failure by the parties of Treaty obligations the principal causes leading entities in court. As the economic process implies the awareness of its participants with the applicable legislation, representation in the economic process, as a rule, is carried out by qualified lawyers. As practice shows, the lawyer on economic issues is an important part of any business entity.

Commercial disputes mostly take a lot of time. Simplifies the procedure, thus increasing the chances of obtaining a positive court decision, legal support for business cases in court, in particular the representation of the economic process.

Legal services for business disputes | Lawyer commercial cases | disputes in economic courts

AGTL law company provides legal services in support of disputes in the economic courts. One of the main specializations of our company is a service business, poetology between legal entities that require reliable legal support is integral to Customer support.

The lawyer for economic Affairs, accompanying activities subscription Customer who knows the history of the relationship with a particular counterparty will be able to choose the best way to protect the interests of the Client and provide representation in the economic court at the highest level.

In this case, quite often our company treated Customers in the state which are either not lawyers, or who wish to transfer economic argument for keeping third-party law firm. Commercial disputes in many cases, requires innovative approaches and quick fixes, and resolution of claims involves the following stages: reviewing all documentation related to the subject matter of the dispute, the legal assessment of the situation, elaboration of legal position, drafting of claims, demands, statements of claim, other procedural documents and representation of interests in economic court.

Disputes between legal entities | appeals against court decisions | Support of business cases in court

Despite the variety of commercial disputes, major disputes between legal entities are as follows:

  • litigation arising from the conclusion, amendment, termination and execution of economic contracts;
  • litigation with the Antimonopoly Committee of Ukraine
  • litigation arising out of corporate relations between the participant and the business entity and between participants in business companies;
  • judicial disputes in the sphere of illegal use of objects of intellectual property;
  • bankruptcy of legal entities.

Disputes under the supply agreement | Disputes under the contract | Disputes lease

Despite the long-term cooperation of companies and confidence in the company, disputes between organizations, a common phenomenon encountered in practice. Dodging side for one reason or another from performance of the signed agreement leads to a contentious relationship between legal entities. In case of impossibility to settle the dispute in the pretrial order, the dispute shall be referred to the court.

In General, disputes between economic entities arise while concluding, change, cancellation and implementation of economic agreements. Very often in practice, there are disputes under the supply agreement. Trusting the contractor, some companies even before the contract begin to perform the obligations hereunder. In this case, the supply of goods without an agreement has a number of negative consequences, ranging from tax and no transfer of funds unscrupulous contractor.

However, even if properly drafted and signed agreement, the parties are not immune from disputes arising in the future. Especially in recent years the cause of many disputes is a delay by the contractor in payment of the delivered goods. Debt collections are the most effective in the judicial order, any delay in this situation may lead to the loss of the ability to foreclose on the assets of the company, and in the end, even winning a case, it is possible to remain "with nothing". Debt collection in the commercial court should be combined with measures to ensure the claim, in particular, the seizure of the debtor's property.

The reverse is the situation in which the supplier having received the Deposit, refuses to supply paid goods. Aimed claim a refund does not always bring the expected result and in such cases, the situation moves to trial.

The next category of common disputes are disputes under the contract by reason of failure or poor performance of works contractors, as well as the recovery of debts to contractors for work performed. In the case of a progress payment and the same date of the work drafting the claim, typically associated with complex calculations. Well-prepared claims in this case cover the recovery of debts, fines, inflation losses and damages in the field of management.

Disputes under the construction contract, as a subspecies of the above-mentioned instruments, are a complex category of disputes that are associated with high financial costs. As a rule, the cost of construction contracts to significantly exceed the million threshold, which affects, in particular, and the amount of court fee payable on appeal to the court. Damages in the economy is relevant to this category of cases, as poorly executed building work under the contract are a serious threat to the life and health of the person.

Not less widespread category of disputes are the disputes under the lease contract, the cause of which is mainly the delay in making lease payments. In addition to debt collection, as practice shows, for this category of disputes is characterized by the recognition of the contract null and void in a judicial proceeding in the absence of the contract all essential conditions provided by the law. Such a situation is advantageous, in particular, the lessor, wishing to conclude a contract on more favorable terms with the new tenant.

As a rule, the violation of one of the parties to the terms of the agreement, not only leads to disputes on its execution, but also forces the parties to terminate the agreement in court. The statement of claim with the requirement to terminate the contract and preceding the claim for termination of the agreement – the primary activities of the claims of the lawyer in this case. Termination of the contract in a judicial order – a forced move, coming on top of the company, faced with the failure of the contractors performance of contractual obligations.

In contrast to the recognition of the contract not concluded the contract null and void in situations in which the contract is in conflict with the General requirements of the law, violated public policy, concluded without complying with the form requirements of the agreement, or by a person without the proper authority to enter into this agreement. Thus, in order to protect themselves from further legal consequences, such as invalidating the agreement, necessary at the stage of signing the grant contract lawyers to conduct legal analysis, examining the credentials of the person representing the other party and confirm the possibility of concluding this agreement.

Legal support of economic activities at all stages, including support for business cases in court, is a necessary component of a successful business.

Disputes with the Antimonopoly Committee | appeal against the decision of the Antimonopoly Committee in court

The development of competition law leads to the fact that increasingly our Clients are involved in disputes with the Antimonopoly Committee of Ukraine and its territorial offices whose jurisdiction is the state control over observance of legislation on protection of economic competition, control over concentrations, concerted actions of business entities, protection of competition during the public procurement and so on.

The most frequently legal disputes with the Antimonopoly Committee arise in the procurement of goods for public funds. In some cases, the AMCU, trying to see the actions of the bidders concerted action and violation of competition, which provides for huge penalties, the imposition of which is possible out of court. The only option to avoid liability is to appeal against the decision of the Antimonopoly Committee in court. Legally competently made a claim or statement of defence – reasonable and justifiable expenses in order to save on paying sometimes millions of fines.

Bankruptcy law | Bankruptcy court | bankruptcy

If you try to really simplify and compress the term, the bankruptcy of legal entities can be defined as a liquidation in a judicial procedure in case of insolvency of a business entity.

Half a century ago the bankruptcy was the collapse of its founders and their entrepreneurial activities. At the moment, despite the unpleasant aspect associated with the recognition of insolvency, bankruptcy in the court is in some situations not the worst option of repayment of accounts payable of the enterprise.

In General terms, the bankruptcy procedure consists of the following steps:

  • preparation of application to commence proceedings on bankruptcy that can be filed by both the debtor and the creditor;
  • the opening of proceedings on bankruptcy;
  • representation of interests of the Client (debtor or creditor) to the court;
  • the appointment of the court liquidator;
  • identifying liquidator of receivables, the formation of the register of requirements of creditors;
  • the inventory of the bankrupt's assets, the adoption of measures to safeguard the assets of the bankrupt;
  • evaluation and realization of debtor's assets;
  • collection of receivables of the bankrupt.

Proceeds are directed on repayment of debts to creditors in the order established by the legislation. Other unsatisfied creditors ' claims are extinguished.

Bankruptcy of legal entities ends with the court ruling on approval of the report of the liquidator and liquidation balance sheet, which entails registration in the Unified state register of legal entities, individuals - entrepreneurs and community groups, a record of liquidation of the legal entity.

Legal services on support of business disputes | commercial disputes Kharkov | Cost (price) and time

In most cases, the timing of commercial disputes ranging from one to four months depending on the complexity and category of the dispute, activity of participants of the process and other factors. In some cases, this period may both increase and decrease.

Appeal to the court may be required if:

  • Counterparties do not fulfill obligations;
  • There was a threat of a hostile takeover;
  • Bankruptcy proceedings.;
  • There are conflicts with shareholders or employees;
  • There were other problems, entailing checks by law enforcement agencies or judicial proceedings.
  • Consideration of disputes in arbitration court requires an excellent knowledge of current legislation and build a competent line of defense of the interests of the company. Lengthy court proceedings are draining the financial resources of the company, but made in someone else's favor the decision of the civil court of arbitration may entail negative consequences for the company.

AGTL law firm offers assistance in disputes in the following cases:

  • commercial and corporate disputes;
  • disputes between borrower and lender (the promissory note disputes);
  • disputes regarding violations of the Antimonopoly legislation;
  • disputes relating to the activities of state and municipal bodies, including:
  • disputes related to the execution state and municipal orders (supply of goods, performance of works, rendering of services);
  • challenging the acts of state and municipal bodies;
  • the appeal of decisions of tax authority on collection of taxes on attraction to tax responsibility;
  • disputes arising out of investment contracts and construction contracts;
  • disputes regarding intellectual property;
  • disputes related to the recovery/discovery:
  • loss;
  • loss of profits;
  • unjust enrichment;
  • of property from another's illegal possession.
  • transactions void and application of consequences of invalidity of transactions;
  • rights of ownership (including unauthorized construction).
  • disputes connected with application of measures of responsibility;
  • disputes related to the elimination of obstacles to the use of the property.