Commercial Litigation: What are the remedies?
In the event of a commercial dispute, the competent court is usually the commercial court. But it may be preferable at first to attempt an amicable settlement of the commercial dispute. The bankruptcy advisory service happens to be very important now.
Commercial Litigation: Definition
Commercial disputes refer to disputes between traders. Typically: disputes with a customer, with a supplier, with a distributor, with an external service provider or a competitor.
Good to know: commercial disputes concern disputes between traders, but also disputes between bankers or disputes between traders and bankers. Examples of commercial disputes: counterfeiting, unpaid invoices, unfair practices, lack of delivery, non-respect of commercial contracts, etc.
In the event of a commercial dispute, it is preferable to first try an amicable procedure, as contentious proceedings can be very expensive and very long. Discussion and settlement can be beneficial to both parties. You can also choose to use a mediator or conciliator. These cases are referred to as out-of-court dispute resolution. The mediator or conciliators are impartial third parties charged with finding an agreement between the parties. If the amicable proceedings are unsuccessful, you will have to go to court and opt for litigation.
Commercial Litigation: What is the competent court?
For commercial disputes, the competent court is the commercial court. To learn more about the role and organization of commercial courts, read the commercial court sheet. Attention: you must seize the commercial court on which depends the head office of the merchant whom you wish to attack and not the commercial court which you depend on you.
Commercial Litigation: The Case of Internet Shopping
In the event of a commercial dispute with an online merchant, you must first contact the seller and try to find an amicable settlement of the dispute. If the mutual agreement procedure fails, you can contact a consumer association or sue the merchant in court. To find out more about commercial disputes related to internet purchases, read the E-litigation sheet.
Commercial Litigation with a Private Person
If you are an individual non-merchant and you are in dispute with a merchant, you have the choice between two possibilities:
- Enter the commercial court on which the merchant’s head office is located.
- Enter the court of first instance or high court depending on the amount of money involved.
- If you are a merchant and you want to sue a non-merchant for example, one of your clients, you must go to the district court or the district court.
Consumer law lawyers are primarily in the service of consumers in litigation with companies or sellers. But lawyers can also have business clients seeking legal advice. Here is some useful information to know about the role of a lawyer in consumer law, its fields of intervention, the price, etc.
Which cases does the lawyer deal with in consumer law?
The role of a consumer law lawyer is to protect consumers and help them assert their rights against potential corporate abuse. It can also advise companies looking to secure their business. The lawyer in consumer law bases his missions of advice and legal assistance on the Consumer Code.
The cases dealt with by the Consumer Law Attorney concern mainly food. This sector, very sensitive, is subject to very strict regulations and causes many conflicts. It should be noted that the main purpose of consumer law is to protect the consumer, since the consumer is less informed by definition about the products he buys than the seller.