Legal services in contractual disputes, including claims and judicial settlement of disputes.
Contractual disputes are among the most common disputes arising between (1) legal entities and / or individual entrepreneurs as business entities, (2) between citizens and legal entities / individual entrepreneurs, and (3) between citizens.
Depending on the complexity of the contractual relationship and the nature of the breach of contract, contractual disputes may be more or less complex, protracted or short, require an examination or not. Features associated with specific contractual disputes require an individual approach to each specific case and careful legal analysis.
For the purpose of subsequent possible judicial and pre-trial protection, the contract during its preparation and conclusion should provide for all the important conditions of legal relations, including the subject and object of the contract, the terms, rights and obligations of the parties, as well as the responsibility and mechanism for pre-trial and judicial settlement of disputes. The probability of successful satisfaction of a claim or other requirement depends on how well the contract is drawn up and various conditions are worked out. Therefore, the best way to prevent the occurrence of contractual disputes is a well-thought-out and detailed contract.
Types of contractual disputes
- On the conclusion of contracts, including the existence of disagreements on the specific terms of the contract to be concluded
- On the recognition of contracts null and void
- On non-fulfillment or improper fulfillment of obligations under contracts
- About termination of contracts
- On the collection of debt under the contract, as well as penalties and the application of other measures of liability
- About compulsion to conclude contracts
Procedure for consideration of contractual disputes
A claim or other pre-trial procedure for resolving a dispute is mandatory in cases provided for by law or an agreement.
So, in particular, according to part 5 of Art. 4 of the Arbitration Procedure Code of the Russian Federation, civil law disputes on the recovery of funds under claims arising from contracts, other transactions, as a result of unjust enrichment, may be referred to the arbitration court for resolution after the parties have taken measures for pre-trial settlement after 30 calendar days from the date of sending the claim, unless other terms and (or) procedure are established by law or contract. At the same time, the pre-trial procedure is not mandatory in relation to a number of categories of disputes provided for in the Arbitration Procedure Code of the Russian Federation.
Practice shows that contractual disputes quite often reach litigation.
Another aspect concerns the jurisdiction of disputes is if contractual disputes between individuals and legal entities / individual entrepreneurs can be considered in courts of general jurisdiction, then disputes between business entities are considered in an arbitration court.
You can file a claim with the court after determining the jurisdiction of the case. Despite the fact that the jurisdiction of arbitration disputes is quite clearly defined by the Arbitration Procedure Code of the Russian Federation, it also provides for a contractual procedure for changing the jurisdiction of disputes in certain cases. At the same time, in order for the contractual procedure to be valid, the jurisdiction of cases must fall under a certain category, and this also happens under certain conditions.