Entrepreneurial activity is a field where economic interests of many subjects intersect, and disputes often arise. It is difficult to find a company that would not face participation in litigation in the commercial court as a plaintiff or defendant. At the same time, such proceedings may come without damage or even with benefits for the business and may cause irreparable damage. It is important to have the right preparation and strategy in court – all this is able to provide only a very experienced lawyer.

 

Such a service as support of disputes in the commercial court from the Lawrange Lawyers Association is the right solution for businesses of any direction and scale. Our team has the knowledge and experience to assist owners and managers of international projects. With us, your company will be able to recover debts from counterparties, minimize reputational risks, strengthen its legal status, and thus become more stable in the current economic turbulence.

 

Advantages of Supporting Disputes in the Commercial Court

Often, disputes between entrepreneurs (commercial disputes) arise due to breach of contractual obligations. When one of the parties fails to fulfill the terms of the contract, it inevitably leads to losses for the other party, be it financial losses, or delays in deadlines, or other problems. In such circumstances, the injured party necessarily needs to act to protect its interests. Although Ukrainian law provides several ways of such defense, the most effective option is to go to court.

 

Important! In court is of great importance, the experience and specialization of your representative – the lawyer. Do not forget that your opponent will also come to court, not by himself. This will be a confrontation of two legal positions, so it is important that your position was more grounded, reasoned and convincing.

 

Turning to AA Lawrange for representation of your interests in the commercial court, you get a number of advantages:

 

  • the opportunity to benefit from our experience of a team of lawyers who have specialized in legal support of business for many years;
  • impeccable “to the letter” compliance with procedural norms, both in drawing up the necessary documents and in the procedure of court proceedings itself;
  • focus on the desired result, without empty and unsubstantiated promises, but with a willingness to work hard in the interests of the client.

 

Categories of Clients

According to Article 4 of the Economic Procedural Code (EPC) of Ukraine, the right to appeal to the economic court has:

 

  • entrepreneurs (business entities) – legal entities and FLP;
  • individuals who are not entrepreneurs;
  • state bodies and local self-government bodies.

 

At the same time, it is possible to apply to the economic court only on issues related to economic and commercial relations. Accordingly, the court is used to protect violated, unrecognized, or disputed rights/legal interests.

 

Legal Entities

Our clients include enterprises of various forms of ownership and various lines of business, including limited liability companies and joint stock companies, banks and other financial institutions, agricultural holdings and farms, joint ventures, insurance companies, and other legal entities.

 

Natural Persons

Predominantly in the economic court, have to apply to such individuals as:

 

  • physical persons – entrepreneurs (FLP);
  • bankrupts, i.e., persons who apply to the court for recognition of their insolvency – since 2021 in Ukraine there is a possibility of bankruptcy for individuals, not only for enterprises.

 

Types of Economic Disputes

Since we are talking about disputes, the consideration of which falls under the jurisdiction of the economic court, then as a reference point for determining their list should be used Article 20 of the CPC. So, these are disputes:

 

  • around the conclusion, amendment, cancellation, and execution of economic contracts, including – challenging the contract as a whole or its individual terms, recognition of its invalidity, and so on;
  • regarding the right of ownership, other proprietary rights to property;
  • bankruptcy;
  • between participants of a legal entity (founders, shareholders) or between a legal entity and a participant/official;
  • around transactions on shares, stakes, units, or other corporate rights;
  • around rights to bonds and securities, as well as their issue, placement, circulation, and redemption;
  • around the privatization of property;
  • in connection with the protection of economic competition, including appeals against decisions of the Antimonopoly Committee of Ukraine (AMCU) on public procurement and other issues;
  • appealing against decisions of arbitration courts;
  • protection of business reputation;
  • other disputes between business entities.

 

Contractual Disputes

The lion’s share of economic disputes revolves around contracts between business entities. These are supply and sale, rent and leasing, transport and services, contracting and loan agreements, as well as other business transactions.

 

Note please! Among the reasons for the occurrence of such disputes:

 

  • weak preliminary analysis of the contract by one of the parties;
  • presence in the contract of errors, inconsistencies with the legislation, clauses with the possibility of ambiguous interpretation;
  • absence of fundamentally important clauses that should have been in the contract.

 

Most often the subject of a contractual dispute is a debt for payment for delivered products or performed services, failure to fulfil the terms of the contract or inadequate quality of performance, the presence of doubts about the legality or validity of the contract.

 

In order for the specialists of the AA Lawrange to start work on the defense of the client’s interests in a contractual dispute, the client should provide:

 

  1. a copy of the extract of registration and the charter of the company;
  2. the contract itself;
  3. additional agreements (if any);
  4. primary documents (specifications, acceptance certificates, invoices, delivery notes).

 

Corporate Conflicts

This group includes a fairly wide list of disputes that may arise in the process of founding, operation, management, and liquidation of a legal entity. And these can be both very serious problems, for example – the return to the legal owner of the enterprise, which was subjected to raider seizure, and relatively minor issues – for example, the payment of dividend arrears to the shareholder.

 

Note please! If a corporate dispute arises and court proceedings are imminent, the services of an experienced lawyer involve legal analysis of the founding documents of the company, the powers and compliance with legal requirements of the governing bodies, contracts for the purchase of business assets, and so on.

 

In practice, Lawrange lawyers most often have to face disputes on the following issues:

 

  • recognition of decisions of the general meeting of the company’s participants as invalid (for example, due to violation of the requirements of the law or constituent documents when convening or holding such a meeting);
  • unlawful changes in the composition of founders/shareholders;
  • violation of the preemptive right of the founder/shareholder to buy out a share in the authorized capital of the company;
  • payment to a participant for contribution upon withdrawal from the company;
  • invalidation of certain transactions of the company (e.g., due to excess of authority by an official);
  • problems in the process of registration, reorganization, or liquidation of the company;
  • appointment or election, termination, suspension of powers, and liability of officials.

 

Disputes on Protection of Property Rights

In the economic court cases on the protection of property rights and other proprietary rights get only if the parties to them are business entities – legal entities and FLP.

 

Most often, we are faced with disputes on the following issues:

 

  • removal of obstacles to the use of real estate, which legally belongs to a person;
  • termination of illegal use of property by another person;
  • removal of arrest from the property of the enterprise.

 

Bankruptcy and Liquidation

Although bankruptcy is one of the most legally complex procedures, our team has the appropriate knowledge and experience to support our clients in it. We are ready to represent the interests of both the bankrupt (debtor) and the creditor.

 

Note please! On average, the duration of bankruptcy proceedings in our country is three years. However, sometimes stretches for ten years. The risk of such prolongation is growing, especially now that martial law is in force. At the same time, the presence of experience in some nuances helps to avoid factors that delay this procedure. Therefore, an experienced lawyer is extremely important in such a case.

 

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Under the legal concept of “bankruptcy” means the termination of debt obligations of the subject by realizing its assets to satisfy the claims of creditors. In this case, the debtor company has two other options in addition to bankruptcy: 1) sanction/restructuring – the return of solvency, the gradual return of debts to creditors through the implementation of certain measures; 2) liquidation/termination – closure of the business, before which there is a settlement with all creditors.

 

Important! To apply to the court with a petition for the recognition of the enterprise bankruptcy can, as the enterprise itself and the creditor or controlling body. The bankruptcy procedure may involve the bankruptcy trustee – property manager of the debtor – with disputes often arising (to protect the interests of the debtor in them, in particular, and need a lawyer). After the court has ruled on the liquidation of the company, all claims against the debtor are considered to be extinguished.

 

Tax Disputes

As a general rule, disputes with the tax service, as a subject of authority, are considered by the administrative court. Certain doubts in some cases arise in the presence of tax disputes within a bankruptcy case, as it usually combines all cases involving disputes with property claims against the debtor. However, tax disputes are among the exceptions (according to clause 8 part 1 part 1 article 20 of the CPC), i.e., they are considered by the court of administrative jurisdiction, as in all other cases.

 

Disputes with State Authorities

First, we are talking about a rather large group of disputes related to the protection of economic competition. Such disputes arise between business entities regarding unfair competition and the Antimonopoly Committee of Ukraine (AMCU).

 

Among our services:

  • appealing against decisions of the AMCU;
  • defense of the client’s interests in disputes on unlawful use of business reputation and image of the company;
  • recovery of damages caused as a result of violation of competition law;
  • support of tender procurement disputes.

 

Our Services in Support of Business Disputes

The legal assistance we provide to our clients goes far beyond participation in court proceedings for representation of interests. Our work invariably begins with consultation and assessment of the prospects of the case. We analyze documents, search for information about the opponent in public and insider sources. We draw up for the client an objective picture of situation, forecasts on the resolution of the economic dispute in court and out of court, as well as determine the likely costs and chances of their reimbursement.

 

Services in support of disputes in the commercial court include:

 

  • formation of a legal position, ensuring maximum chances of success in court;
  • preparation and submission to the court of a claim/reply to the claim/answer to the review/opposition to the review and additional documents, as well as sending copies to the opponent;
  • direct participation in court proceedings in all instances up to the Supreme Court;
  • control and assistance in the execution of court decisions and rulings in favor of the client;
  • assistance in the recognition of foreign court decisions in our country.

 

Pre-Trial Settlement

Negotiations (mediation) are almost always a more desirable and less costly way to settle a dispute between entrepreneurs. They can be conducted both orally at official business meetings with the participation of a mediator (lawyer) and in writing in the form of business correspondence. Negotiations allow both parties to “save face” and even, in some cases, to remain partners. At the same time, it is very important to formalize the agreements reached in a legally correct manner. Otherwise, a dispute may arise again in the course of time.

 

The “classic” variant of out-of-court settlement is sending a claim to the opponent. This is an official letter with a demand to fulfil one or another of the obligations. It is very essential to draw up the claim correctly and observe the deadlines for its submission.

 

Another option to avoid proceedings in the commercial court is an arbitration court. This refers to a non-governmental body that is authorized to resolve disputes of a commercial nature. In the business environment, it is quite common practice to add the so-called arbitration clause to business contracts. It should be taken into account that even if the contract specifies the way of resolving possible disputes through the arbitration court, it does not deprive the party of the right to file a claim with the commercial court. At least, Lawrange specialists have experience and are ready to deal with such situations.

 

Consideration of Economic Disputes by the Arbitration Court

The very possibility of such consideration is enshrined in Article 22 of the CPC of Ukraine. In addition to the arbitration court, the parties to a dispute may apply to international commercial arbitration for its resolution.

 

Important! Among the advantages of settling a dispute in the arbitration court/arbitration are saving time (a commercial court can drag on for months if not years) and preserving confidentiality (publicity about the trial may harm the reputation of the business, while proceedings in the arbitration court are always closed). If the decision of the arbitration court does not suit the party, it can appeal it, i.e., there is still a way to protect its interests.

 

Preparation and Filing of Statements of Claim

Preparation of the claim, namely, the formulation of claims and calculations of amounts to be paid by the opponent, is made on the basis of the package of documents provided by the client. It is very important to take into account that in case of winning, the opponent can and should be recovered all court costs and expenses for legal assistance. Such a requirement is immediately included in the claim.

 

Note please! In a number of cases, for the formation of a more convincing position in court, the lawyer additionally collects documents and conducts examinations.

 

It is, written evidence has the greatest weight in economic proceedings. Moreover, insignificant disputes apply simplified proceedings when the plaintiff and the defendant in court at all are not called, and the decision is made only on the basis of the documents provided by the parties. In addition to the correct execution of documents, procedural subtleties are significant – deadlines, certification of materials, and so on. The good news is that for an experienced lawyer, all this is not a problem, and in the team of AA Lawrange, only such.

 

Representation in Court

The task of the lawyer directly during the court proceedings – it is participation in court hearings, presentation of a reasoned position, polemic with the opponent, drawing up the necessary procedural documents (petitions, objections, responses, explanations), receiving the court decision, and explaining its essence to the client. At this stage is especially manifested experience and the presence of practice of the lawyer behind the shoulders.

 

Appealing Court Decisions

Specialists of the Lawrange Lawyers Association are ready to continue consideration in the highest instance of the dispute, which has already been accompanied, and to submit an appeal / cassation on the decision of the court, which took place without their participation. The first step in all cases is a deep analysis of the materials of the case, which has already been considered in the court of first instance. The search is made for errors, oversights, and missed moments, which can become a point of support for the next stage of proceedings in court.

 

Note please! We can order a separate service: analysis of case materials and preparation of a written legal opinion with forecasts of appealing the court decision by filing an appeal/cassation appeal. Our professional conclusions will help you save money and time if there is little chance of winning. At the same time, not to miss opportunities if there are enough of them. As a result, the client can make an informed decision whether to continue the legal process with the opponent.

 

Enforcement Proceedings

To get debt from the opponent-debtor, who lost in court, or to achieve in fact the fulfillment of any other court decision, sometimes it is necessary to make a lot of efforts. In economic legal relations it can be especially difficult.

 

Our service of support of enforcement proceedings – enforcing the court decision – and control over the actions of the executor can be considered a significant help.

 

Important! Support of economic disputes in court includes a number of actions already after the court judgment, in particular:

 

  • obtaining a writ of execution in court and presenting it for execution;
  • appealing against actions or inaction of the executor;
  • preparing inquiries, letters, and statements to facilitate the execution of the court judgment (for example, searching for the debtor’s assets that can be foreclosed on).

 

Cost of Services in Support of Economic Disputes in Court

Depending on the peculiarities of the case and the wishes of the client, you can choose a convenient option of payment for our services. In this case, all options are agreed upon initially and reflected in the contract for legal assistance*.

 

*Note: The client pays a separate court fee, as well as carrying out expert examinations and obtaining expert opinions (if necessary).

 

Option 1.

Turnkey representation in court – all services from initial consultation to obtaining a court judgment is included in the fixed amount.

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Option 2.

Payment for a separate service or several services separately, for example, legal analysis of documents and drawing up a legal conclusion on the prospects of the case.

 

Option 3

Payment for each document, e.g.:

 

  • claim;
  • statement of claim;
  • lawyer’s inquiry;
  • review of the statement of claim;
  • petition (statement on procedural issues);
  • appeal;
  • cassation appeal.

 

Option 4.

Payment for participation in one court session.

 

Why You Should Turn to Lawrange

Commercial disputes often become a difficult ordeal for a business. To lose such a dispute means to lose a lot of money and, sometimes – to lose your reputation. Therefore, you should not even think about losing. Instead, you need to do everything and even a little more to achieve victory.

 

To realize this goal, turn to the best of the best – the team of specialists of AA Lawrange. The first argument in favor of turning to us is our experience of more than 10 years in court, a lot of different winning cases on economic cases. In addition, we are professionals, so we guarantee strict compliance with confidentiality, lawyer ethics and international standards of legal assistance.

 

Conclusions

Participation in a commercial dispute is an almost inevitable stage in the life of every business entity. Typically, it is a question of fulfillment of conditions under contracts. A company enters into dozens or even hundreds of contracts. Along with this, the failure to fulfill contractual terms leads to the accumulation of accounts receivable, which gradually pulls the business to the bottom. Therefore, you need to fight for your interests, if necessary – and in court.

 

A commercial court is a place where documentary evidence, results of expertise, and reasonable calculations are important. To win a case in such a court, it is necessary to enlist the support of professionals. Even having its own legal department of the company is desirable to attract for the protection of its interests in the commercial court of lawyers with the appropriate narrow specialization.

 

FAQ

What guarantees do you provide when supporting economic disputes?

The most reliable guarantee for clients is our business reputation. No lawyer, observing the norms of professional ethics, has no right to give the client a 100% guarantee of winning in court. However, we invariably record victories in our assets, they strengthen our position in the market of legal services, so our team does everything for the victory of each client.

 

Is it possible to appeal a court decision if it is not in our favor?

Yes, of course. The decision of the court of first instance can be appealed in the court of appeal. Then, if the appellate court does not rule in your favor, you can file a cassation appeal to the Supreme Court. We are ready to accompany you through this whole process.

 

In which economic court should I file a statement of claim?

In general, at the location of the defendant. However, there are exceptions. For example, if the economic dispute concerns real estate, it is considered at the location of this property. In addition, there may be several defendants in the case, but they are in different locations. Then the lawsuit is filed where one of the defendants is located.

 

ORDER A SUPPORT OF DISPUTES IN COMMERCIAL COURT