One of the important areas of practice of lawyers of BRACE Law Firm is the provision of legal representation services in a court in cases in the field of contractual disputes. In our practice, we face with various types of contractual disputes at different stages of resolution, including pre-trial and trial. Our advantage is the extensive experience in case management in courts, specialized expertise and a well-coordinated team of lawyers.
Features associated with the contractual disputes require an individual approach to each specific case and careful legal analysis.
Contractual disputes are one of 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 violation of the contract, contractual disputes can be more or less complex, protracted or short, require an examination or not. Features associated with each 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, at the contract, during its preparing and concluding, should provide for important conditions of legal relations, including the subject and object of the contract, the terms, rights and obligations of the parties, and the responsibility and mechanism for the pre-trial and judicial settlement of disputes. The probability of successful satisfaction of a claim or other claim depends on how skillfully the contract is drawn up and different conditions are worked out. Therefore, it is better to prevent the occurrence of contractual disputes through a thoughtful and detailed agreement.
Types of contractual disputes
- Litigation on conclusion of contracts, including disagreement on specific conditions of the contract to be concluded
- Litigation on the recognition of contracts as non-concluded
- Legal disputes regarding invalidation of contracts
- Litigation on non-performance or improper performance of contractual obligations
- Termination of litigation
- Litigation on debt collection under the contract, as well as forfeit and the application of other measures of responsibility
- Treaty enforcement disputes
The procedure for contractual disputes
The claim or other pre-trial procedure for dispute settlement is mandatory in cases stipulated by law or contract (part 5 of article 4 of the Arbitration Procedure Code of the Russian Federation, paragraph 7 of article 132 of the Code of Civil Procedure of the Russian Federation, part 3 of article 4 of the Code of administrative procedure of the Russian Federation).
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 for claims arising from contracts, other transactions, as a result of unjust enrichment, can be referred to arbitration court after the parties take measures for pre-trial settlement after 30 calendar days from the date of the claim (claims), unless otherwise specified by law or contract. At the same time, the pre-trial procedure is not mandatory in relation to a whole series of categories of disputes provided for in the RF agribusiness. In case of non-compliance with the claim (pre-trial) order, the statement of claim shall be returned by the court (clause 5 part 1 article 129 of the Arbitration Procedure Code of the Russian Federation, paragraph 1 part 1 article 135 of the Code of Civil Procedure of the Russian Federation, paragraph 1 part 1 article 129 of the CAS RF), and in case of acceptance for production - to be left without consideration (Clause 2, Part 1, Art. 148 of the Arbitration Procedure Code of the Russian Federation, Clause 1, Part 1, Art. 222 of the Code of Civil Procedure of the Russian Federation, Clause 1, Part 1, Art.
Practice shows that contractual disputes quite often reach trial.
Another aspect relates to the jurisdiction of disputes - if contractual disputes of individuals between themselves and legal entities/individual entrepreneurs can be considered in courts of general jurisdiction, then disputes of economic entities are considered in the arbitration court.
You can appeal to 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. Moreover, in order for the contractual order to be valid, the jurisdiction of cases must fall under a certain category, and this also happens under certain conditions.
To select the most effective remedy and method of legal protection, we conduct an in-depth analysis of the documents submitted, develop the most appropriate action plan, and also develop a judicial defense strategy and tactic from the beginning.
- Legal analysis of documents and other evidence submitted by a client regarding the antitrust disputes
- Legal analysis of documents and other evidence submitted by a client regarding the contractual disputes
- Advising by lawyers of BRACE Law Firm on the prospects for trial and/or pre-trial settlement of a dispute
- Drafting and submission of a pre-trial claim (if a mandatory pre-trial procedure is provided or the submission of a pre-trial claim is necessary for other reasons)
- Development of a strategy and tactics for protecting a client in a court
- Collection, preparation and retrieval of evidence for a court case
- Preparation and filing of a statement of claim (application) and other procedural documents on a judicial dispute
- Representation of interests, case management in court by lawyers of BRACE Law Firm and performing all other necessary procedural actions
- Coordination in several parallel cases
- Legal assistance in administrative cases
- Preparation and support of the conclusion of settlement agreements concluded at various stages of the trial
- Appeal of judicial acts in courts of appeal, cassation and supervisory court
- Legal support of enforcement proceedings
- Other legal assistance in court cases on contractual disputes