Why choose us
There are hundreds of legal proceedings. There are thousands of complaints and claims of counteragents. And there is not even one company that can call itself a litigator. We only protect our violated rights or at least that is what we think. And this tendency is increasing as well as the number of legal cases and as consequence the need of being represented in courts. Is it the imperfections of legal order and its changes and the absence of uniformity of legal practice? Or is it our troublemaking character? Or maybe is it a malicious plan? It is hard to understand all the reasons but we should be able to confront counteragents effectively. And it is important to remember own activity during solving the business tasks in the arbitration.
The services on the representation in the commercial courts
The level of qualification of all members of the commercial dispute has increased significantly. That is the reason why each party has to look for a qualified representative in the court.
The representation in commercial court can be structurally divided into following order:
- informing the client on the situation assessing the prospects and looking for alternative ways to solve the conflict;
- conducting meetings, negotiations with counteragents looking for a compromise and assessing the integrity of counteragents
- collecting the evidence base, requesting documents from third parties, preparation of the lawsuit, petitions and applications including to secure a suit
- representation of interests in the commercial courts of the first, appellate, cassation and review instances with the preparation of all procedural documents, appealing against the lawsuits
- the actual performance of court’s decisions (working with the court's bailiffs, defendant).
It is strange to think that the best way to solve problem is commercial dispute. If each of the parties is fair and integral the best way to solve problems is negotiations and mediation. And only in case when it is not possible to reach the compromise the legal disputes can be helpful. You should pay attention to the fact that knowing the general structure of the commercial proceedings the downloaded or bought example of the lawsuit and all the information that you have known during the consultation can not replace the qualified lawyer with his/her knowledge. You have lots of risks if you do not use the services on the representation in the commercial courts. If you do not know the risks it does not mean that they do not exist. The success of any commercial disputes depends on the activity of the position of the party and the competence level of the legal representative.
Commercial disputes
Commercial disputes are disputes in entrepreneurial or other economic activities. It means that in most cases the participants are business companies that are legal entities or with people who do entrepreneurial activity and who have the status of an individual owner. These cases include cases on bankruptcy, corporate disputes and other cases that are specified in article 27 of the Arbitration Procedural Code of the Russian Federation. In fact, commercial disputes include the overwhelming majority of cases between the members of economic activity. Considering the nature of the parties in the commercial dispute the legal proceeding is quite formal the main evidence and arguments are often given in writing. As the process is quite formal and the participants are the business representatives the price for a mistake is high that is why you should carefully select the representative for the protection in court.
Settlement of commercial disputes
The increased attention to the level of competence of the representative is indicated
by the necessity of documentary evidence of the qualification. Unlike the courts of
general jurisdiction in the commercial court, only a person with higher legal
education or scientific degree is able to represent the interests even at the first
jurisdiction instance but for the courts of general jurisdiction, this rule is true only
with the Court of Appeal.
Empowering the representative you should pay attention to the fact it is not enough
to indicate that this person will represent your interests in the court. And
irrespective of the representative has provided his services before or have not. We
recommend clearly outlining in power of attorney for signing the statement of
claim or application for injunctive relief. If these powers are indicated it helps save
you time and for the representative to feel secure and free in the court. Other
specified powers such as a change of plea or a subject of claim and conclusion of
amicable settlement or conclusion of factual circumstances we recommend to
discuss only with the representatives who you believe. In other cases, the
commercial dispute may finish with disappointing surprises if your representative
admits the claims of the counteragent or drop your lawsuit.
It is important to give the power of attorney before the beginning of the
commercial dispute because the service on the representation of interests includes
not only participation in the legal proceeding but the formation of the legal
position and it sometimes needs to cooperate with other organizations and experts
in different areas. Preparing for the legal proceeding and receiving the documents
only one day before makes it impossible to find experts and conduct negotiations.
And there is always a possibility that the counteragent has met the expert before so
to minimize the risks there should be negotiations with different experts.
Depending on the subject of the commercial dispute you may need to address to
state and municipal authorities and it is also included in the process of preparation
and formation of the legal position.
When do you have to start the arbitral procedure. The representation in the Commercial court
If the parties could predict the legal proceedings the number of cases would
become minimal and the necessity of the service of the representation in the court
would disappear too. In that case among the participants of the commercial
disputes, only unfair participants would stay for using the legal system, not for
protection but the prolongation of the terms in fulfilment of the obligations. But
even the number of them would minimize if they had known before about the
amounts of legal costs, the punitive damages that they should pay and they could
count all the costs.
That is why consultation with a specialist can give reliable forecasts and prospects
of future legal proceedings. You will have an opportunity to choose the way with
minimal costs to settle the dispute. Conversely, the absence of reliable forecasts
and information make you be blindsided.
Statement of claim and complaints with the courts
Any legal dispute begins with filing a complaint to the court. There are many
options of protection like the statement of claim to the court on recovery or
recognition or termination etc. On the one hand, all claims to the court are formed
with a unified algorithm but on the other hand, all of the claims have their own
features and they are not like others.
For any statement of claim, there is a legal decision and as consequence, there is a
party of a dispute that does not like this decision. The reclaiming bill gives an
opportunity for the lost party to protect its interests in the court of the higher
instance. You may appeal against the appellate decision and the judicial decision
of the first instance. It is a cassation appeal and then you may apply appeal of
supervision.
Representation in the court the Tsentralny Okrug Law Firm
The representation in the court can be like the formation of individual procedural documents, including the statement of claim to the court and the appellate and cassation appeal and appeal of supervision and a full accompaniment of legal proceeding as the priority form of cooperation. The separate area of the activity of the company is activities in pursuit of court decisions. As it was mentioned earlier nobody needs the court that is just for the court. We ensure the pursuit of court decisions both when you choose us for the arbitral procedure and when you have received an order yourself. The Tsentralny Okrug Law Firm provides services on the representation of interests in the Commercial courts of Central, Moscow and Northwestern districts. We form procedural documents, protect in the court and settle commercial disputes.