Five FAQs about commercial litigation

 

How should my company handle commercial litigation?

If your business enters into a dispute with another company, commercial litigation could follow. If your company is taken to court or arbitration, it is vitally important that you have the representation of a commercial lawyer. A commercial litigation lawyer will be an expert in negotiation and court or arbitration procedure. They will be able to produce a strategy in order to get the best outcome for your company.

Can commercial litigation take place with overseas companies?

Yes, as international trade has developed, so have the legal systems that allow companies in different countries to bring litigation against each other. What often happens in these cases is that each party agrees to arbitration via an organisation like the ICC (International Chamber of Commerce). The support and guidance of a commercial solicitor is critical in these cases.

If I do agree to use an arbitrator, will their decision be legally binding?

Generally with international commercial litigation cases, the decisions made by arbitrators are legally binding on all parties. You will have to sign an arbitration agreement stating you agree to be bound by the decision, or you may have already agreed to it in the initial contract signed with the other party. Your commercial solicitor becomes highly important, as they will negotiate for the best possible outcome for your company.

Where does commercial litigation take place?

The country that would host your hearing will depend on the type of litigation that is being brought against your company and which country has jurisdiction. If the litigation is because of a trade dispute, the party bringing the litigation may insist that the case is heard in their country. In these instances, it is important to consult a commercial solicitor from that jurisdiction. They will speak the language and have detailed knowledge of that country’s laws. Your commercial solicitors in the UK may have an office in the overseas location or work with a partner law firm.

How can a solicitor help me with a commercial litigation?

Commercial litigation can very easily become time consuming and expensive. A commercial solicitor can help you quickly resolve the issues that lead to the litigation. And if a court hearing is necessary, your commercial solicitor will be able to represent you and your company.

If you would like to obtain legal advice on commercial litigation, Contact Law can put you in touch with a local commercial litigation solicitor free of charge. So, if you have any questions or would like our help in finding local commercial litigation solicitors please call us on 0800 1777 162 or complete the web-form above.

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