Head of real estate and commercial law practice
Specialist in the field of commercial law and process. Real estate, construction support; land law and protection of property ownership.
Pre-trial disputes resolution
Pre-trial disputes resolution: concepts and features
The stage preceding the direct filing of a claim with a commercial court is the taking of measures for the pre-trial resolution of a commercial dispute. The concepts and features of this procedure are set out in the provisions of the Commercial Procedure Code of Ukraine (hereinafter referred to as the CPC). Thus, according to Article 19 of this Code, pre-trial disputes resolution is the taking of measures by the parties to resolve the conflict by agreement between themselves. The features of this type of commercial dispute resolution are that, firstly, such a procedure allows preventing the emergence of strong confrontations and preserving relations between business entities in the future for further cooperation, and secondly, it gives the parties greater freedom to control the conflict resolution process.
As a rule, pre-trial settlement of commercial disputes is carried out by choosing appropriate extrajudicial conflict resolution measures, among which the most popular are:
- preparation and submission of a claim (if the case concerns compensation for material/moral damage, imposition of sanctions provided for by commercial legislation);
- conducting negotiations, mediation with subsequent conclusion of an appropriate agreement to complete the conflict resolution procedure.
Is it mandatory to initiate a pre-trial dispute settlement procedure?
Article 19 of the Code of Civil Procedure clearly indicates that measures for the pre-trial resolution of a commercial dispute are mandatory only in cases provided for by the current legislation of Ukraine. Despite the fact that there are no provisions in individual Laws that would establish the mandatory out-of-court resolution of certain types of disputes, Ukraine has signed a number of international treaties within the framework of European integration processes (for example, the Agreement on International Railway Freight Traffic), which establish a mandatory norm for their implementation. Moreover, according to Article 162 of the Code of Civil Procedure, a statement of claim to a commercial court, in addition to the claims and information on the commercial case, must also contain a clause on the implementation of measures for the pre-trial resolution of the commercial dispute (if this is mandatory according to the legislation).
Thus, although currently the out-of-court resolution of a conflict in the economic sphere is more the right of the parties than their obligation, current legislative trends indicate the possibility of the emergence of an imperative norm.
What are the advantages of pre-trial settlement of a commercial dispute?
Unlike commercial litigation, pre-trial settlement of a conflict in the commercial sphere is: more flexible and involves taking various measures to resolve the situation; adaptable for the parties in terms of time and financial costs (in total, the parties will resolve the commercial dispute faster and cheaper, which cannot be said about resolving the dispute through the court).
What is the assistance of a lawyer/advocate in commercial law?
It is necessary to understand that out-of-court resolution of a conflict is primarily work with legal norms. In the event that the parties cannot independently agree on the settlement of the conflict, a commercial lawyer can find a way out of their situation. The team of the Law Firm “Prikhodko and Partners” provides professional legal services in the pre-trial settlement of commercial disputes, such as:
- legal advice on the client's situation, the application of individual measures of alternative dispute resolution and consolidation of their results in the form of an agreement between the parties;
- preparation of a claim document, assistance in collecting the necessary evidence base and further support of the procedure;
- appeal to state authorities and local governments, other institutions, if necessary within the framework of collecting documents;
- preparation of an agreement between the parties, which is the completion of the settlement procedure, correct legal analysis of its provisions.
Why the team of the Law Firm “Prikhodko & Partners”?
Lawyers and commercial lawyers of the Law Firm “Prikhodko & Partners” have deep knowledge in their field, significant experience in dispute resolution, which allows them to develop effective strategies to achieve the desired result for the client. Our team also provides support to the client at all stages of out-of-court settlement of a commercial dispute (from situation analysis to conclusion of agreements), has a good reputation in the legal services market. In addition to resolving current conflicts, lawyers and advocates also provide their own recommendations on preventing similar situations in the future.
Conclusions. Pre-trial settlement of a conflict in the field of commercial law is a process that involves the use of out-of-court measures to resolve a conflict between the parties by mutual agreement. The procedure allows you to avoid strong confrontations, preserve business relationships, provides greater flexibility in resolving the conflict, saves the client’s time and money. Lawyers and advocates of the Law Firm “Prikhodko & Partners” help advise clients on dispute resolution, prepare claims and collect evidence, conduct negotiations and correctly draw up an agreement between the parties.
The “Prikhodko and Partners” team has deep knowledge, experience and a good reputation in the field of economic law in Ukraine. To find out the cost of pre-trial settlement assistance, fill out the form below.
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Is a subscriber form of service possible to quickly resolve issues as they arise?
Yes, of course, we take companies for permanent support.
The subscription form of service allows you to receive a full range of legal services on an ongoing basis for a fixed monthly fee.
Our lawyers will accompany all economic legal relations of your company: from drawing up contracts and solving corporate issues to representing interests during inspections by regulatory bodies and in court disputes.
We have very flexible pricing, so contact us and we will discuss your specific case.
Do you work only in Kyiv?
Fortunately, modern technologies allow us to effectively solve almost any legal issue online regardless of your location. In cases where personal presence is necessary, our lawyers are ready to travel to any point in Ukraine. Moreover, thanks to our network of reliable partners abroad, we can provide legal support even in international cases. Our goal is to provide you with quality legal assistance wherever you are.
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