Disputes on non-performance or improper performance of obligations under contracts
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 disputes on non-performance or improper performance of obligations under contracts. In our practice, we face with various types of disputes on non-performance or improper performance of obligations under contracts 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 disputes on non-performance or improper performance of obligations under contracts disputes require an individual approach to each specific case and careful legal analysis.
Disputes on non-performance or improper performance of contractual obligations
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.
For the purpose of subsequent possible judicial and pre-trial protection, the contract, when preparing and concluding it, should provide for all 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 the pre-trial and judicial settlement of disputes. From how skillfully drawn up the contract and worked out various conditions, determines the likelihood of successful satisfaction of the claim or other requirements. Therefore, it is better to prevent the occurrence of contractual disputes through a thoughtful and detailed agreement.
Procedure for resolving disputes regarding non-performance or improper performance of obligations
A 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 APC 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 CAS of the Russian Federation).
In the 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 of article 148 of the Arbitration Procedure Code of the Russian Federation, clause 1 part 1 of article 1 222 of the Code of Civil Procedure of the Russian Federation, clause 1 part 1 of article 1 of article 196 CAS RF).
Before choosing a remedy and method of legal defense, a thorough analysis of the case materials should be carried out, the most correct plan of action should be worked out, since strategic errors cannot be compensated by tactical successes, and from the very beginning there should be a plan and strategy of a legal position in the court case. After choosing the means and method of legal protection, it is necessary to act, making maximum efforts, to achieve the intended result in court.
In case of default, the actions of the creditor are divided into two stages: claim and judicial.
- Legal analysis of documents and other evidence submitted by a client regarding the disputes on non-performance or improper performance of obligations under contracts
- 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 disputes on non-performance or improper performance of obligations under contracts