LANES | DISPUTES

What to Do When a Dispute Arises?

A dispute arises from a breach of the terms of an agreement. At the same time, it is important to understand that a dispute:

must arise directly from such agreement;
should be subject to a preliminary legal assessment.

Otherwise, there is a risk that the court may refuse to consider the dispute. For this reason, it is important to assess the situation properly at the outset, following the algorithm below.

ASSESSMENT OF RISKS ASSOCIATED WITH COMMENCING COURT PROCEEDINGS

Each agreement should be subject to a preliminary legal assessment to identify and mitigate the risk of it being declared invalid or void by a court. Such an outcome may, in general, preclude judicial protection in the future. Therefore, the agreement should be reviewed in its entirety at the outset to identify and mitigate the risk of it being declared invalid or void.

DETERMINING THE NATURE OF THE CONTRACTUAL BREACH

A proper legal assessment will help determine the subject matter of the dispute and formulate the appropriate claims.

DETERMINING WHETHER PRE-TRIAL PROCEDURES ARE REQUIRED

If the parties have agreed to attempt to resolve a dispute without resorting to court or arbitration, they must follow the agreed procedure. In some cases, however, the procedure is set out inaccurately or incompletely, without clearly establishing when a party becomes entitled to commence court proceedings. The pre-trial dispute resolution provisions should therefore be reviewed by lawyers in advance, taking into account the applicable procedure and time limits. This will help assess the prospects of resolving the dispute, as well as the associated costs.

DETERMINING THE VENUE AND PROCEDURE FOR RESOLVING THE DISPUTE

In many cases, the venue for resolving a dispute is not expressly specified in the agreement, or a specific court or arbitral tribunal is designated. Where the agreement contains an arbitration clause, it is important to carefully assess its terms. Incorrect or improperly determined jurisdiction may result in delays, as well as unnecessary costs.

CALCULATION OF THE CLAIM VALUE

An accurately calculated claim value is one of the key factors in presenting a case effectively before the court. Courts expect the claims to be clearly formulated and internally consistent. This allows the court to understand the substance of the claim and focus on other important aspects of the case, rather than spending valuable time addressing uncertainties regarding the claim value or other relief sought.

THE BREACHING PARTY’S SOLVENCY AND OTHER CREDITORS

Where the matter concerns the recovery of a debt, court proceedings are not the only lawful means of recovering the debt. This is important to consider because court proceedings can be lengthy and give the debtor the right to appeal the court’s decisions, thereby delaying recovery.
It is therefore important to assess in advance whether the creditor is likely to obtain the result for which legal fees will be incurred, and when the creditor can expect to recover the funds. The debtor’s solvency and the prospects of recovery can be assessed to a certain extent in advance.

OTHER ACTIONS

Special laws and/or international conventions may apply to the agreement and the dispute and, in certain cases, may determine a different approach to the assessment and resolution of the dispute (for example, disputes arising from international carriage by road, rail or air, or disputes involving assets located in other jurisdictions).
Therefore, this algorithm is intended as an initial framework and is not exhaustive.
It is therefore important to properly assess the substance of the dispute before taking steps to resolve it. This is achieved through a professional legal assessment.

LANES

Court Representation

Our experience enables us to handle litigation effectively, mitigate risks, and achieve practical results.
We are ready to represent your interests in court. However, our primary objective is to resolve disputes, wherever possible, before they reach this stage. Negotiation is often more effective and less costly than litigation.
If court proceedings are nevertheless necessary, we will:

objectively and realistically assess the prospects of your case;
assist in collecting and organizing evidence;
prepare all necessary procedural documents;
represent and support you throughout every stage of the proceedings.

We handle commercial, corporate, employment, and other disputes before courts of all instances, whenever necessary to protect our clients’ interests.

Knowledge base

Frequently asked questions

Only an advocate or a legal consultant who belongs to a chamber. In-house lawyers may act in their own company's cases, and trade union representatives for their members. Giving a power of attorney to a lawyer friend without that status will not work — the court will not admit them. Parents and guardians act without a power of attorney.

Spell out separately the right to sign and file a claim, withdraw it, admit a claim, change its subject matter or grounds, settle, delegate authority, appeal and receive the money awarded. Without that wording the court will not accept the step — and claims are often left without consideration for this very reason.

Yes, the court awards them to the successful party, but in money claims the recoverable sum is capped by a limit the Code ties to the part of the claim upheld. You will need the engagement contract, a statement of services and proof of payment. The court may reduce the amount if it finds it out of proportion to the work done. Check the current cap with our lawyers.

On your application the court can attach the defendant's property and accounts, prohibit specific actions, and bar third parties from transferring property to them. The list of measures in Article 156 is closed — you cannot invent your own. A judge decides without a hearing and without notifying the parties: on the day the application arrives, or on the day the case is opened if it came in with the claim. Note the flip side: the court may require a sum to be placed on deposit against the defendant's possible losses, and after the claim is dismissed they can recover those losses from whoever asked for the freeze. And remember the prohibitions in Article 155: the court cannot suspend a tax authority act that serves as the basis for an audit.

You file an application with the original or a certified copy of the award and the arbitration agreement, plus translations. The dispute is not reheard: refusal is possible only on a narrow list of grounds — an invalid agreement, improper notice, going beyond its scope, or conflict with public policy. Practice is generally favourable to the party seeking enforcement.

The Code sets a general limitation period, but some claims have their own — for example, claims against a carrier run shorter. One detail matters: the court will not raise the time bar on its own, it applies only if a party asks. Claims for harm to life and health and for the protection of personal rights are not time-barred. Check the exact periods with our lawyers.

GOT QUESTIONS?

Please get in touch with us or refer to our knowledge base using the links below

Get In Touch Knowledge base with the answers to your questions

Other Practice Areas

T:

E-mail