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Your power to winEconomic disputes
In the course of business activities, various disputes constantly arise. The difficulty in resolving these disputes is due to both the complex legislative framework governing economic relations and the need to consider the specifics of the business component of the economic dispute, as almost every such dispute, apart from purely legal issues, involves corresponding economic interests.
Economic disputes are highly diverse in nature, ranging from non-payment by a buyer for delivered goods or the supply of substandard products to unfair competition or violations of intellectual property rights. To successfully resolve such disputes, it is necessary not only to have experience in litigation but also to possess specialized knowledge in the respective field, depending on the type of specific dispute. For example, in disputes with dishonest carriers, theoretical knowledge and practical experience in transport law are required, while in disputes with an insurance company, expertise in insurance law is needed. These factors necessitate consulting with lawyers who specialize in resolving economic disputes.
The lawyers of the "WinnerLex" law firm have many years of successful experience in resolving economic disputes, including the following categories:
- Disputes over the recovery of debts and damages, the imposition of fines, and administrative-economic sanctions;
- Disputes regarding the conclusion, modification, termination, and execution of contracts, as well as the recognition of contracts as invalid;
- Disputes regarding the recognition of ownership rights or other property rights to movable and immovable property, registration of property rights;
- Disputes with insurance companies and carriers;
- Disputes in the field of construction, regarding the rental or leasing of property;
- Disputes over violations of copyright and related rights;
- Cases related to protection from unfair competition;
- Cases related to business reputation protection;
- Economic disputes involving non-residents;
- Bankruptcy procedures.
If a seller delivers goods of inadequate quality to your company, it is necessary to confirm the fact of the goods' non-compliance with quality standards. To do this, you should contact an expert institution authorized to conduct product examinations and obtain an expert's opinion confirming the seller's violation of quality requirements.
In case of disputes with counterparties, it is advisable to send an official letter to your business partner with your proposals or demands regarding the subject of the dispute. Sending such a letter may initiate negotiations between the parties and lead to a pre-trial resolution of the dispute.
If your company sells imported goods on the territory of Ukraine with deferred payment, to minimize risks associated with currency fluctuations, it is advisable to specify the equivalent value of the goods in foreign currency in the sales contract and the exchange rate of the foreign currency to the hryvnia, and also to provide that if the Euro or USD rate to the hryvnia rises by the date of final payment, the buyer pays the seller the exchange rate difference.
If you disagree with the terms of the contract draft proposed by the other party, you can prepare a protocol of disagreements to the contract, indicating the changes you propose to certain clauses. Both copies of the contract should be marked to indicate that it is signed with the protocol of disagreements, and the signed protocol should be sent to the other party for signing.
If the contract does not specify a deadline for the performance of an obligation (e.g., no deadline for the delivery of goods or the payment for services), you have the right to send a written demand to the other party to perform this obligation. After receiving such a demand, the other party must fulfill the obligation within seven days.
As a general rule, a claim should be filed in the economic court at the location of the defendant. However, there are several exceptions to this rule. For example, disputes related to immovable property are considered by the economic court at the location of the property or its main part. Claims for damages caused to property can be filed at the location where the damage occurred.
Even if the contract contains an arbitration clause, the plaintiff may still file a claim in the economic court. However, if the defendant objects to resolving the dispute in the economic court before the trial begins, the court will dismiss the claim unless it recognizes the arbitration agreement as invalid, expired, or unenforceable.
The application of penalties is a contractual sanction, which requires mutual agreement of the parties. Therefore, if the contract does not specify the penalty, it is impossible to collect it from a debtor who has delayed payment. In this case, the debtor should be required to pay 3% annual interest for the use of another party's money and compensation for inflation losses.