The other party does not implement the agreed-upon services, delays performance of an obligation, or challenges the scope of its duties. We analyse the contract provisions, the course of cooperation, and available legal remedies, including the possibility of seeking performance of the obligation or claims arising from its breach.
COMMERCIAL DISPUTES AND LITIGATION
Commercial disputes and litigation
Non-performance of a contract by a contractor, a dispute over payment, a conflict between partners or a claim filed against a company may affect not only its legal situation but also its financial liquidity, business relationships and further operations.
Before deciding to commence court proceedings, it is necessary to assess the grounds for the claim, available evidence, possible scenarios and the economic consequences of the dispute. Depending on the circumstances, the appropriate solution may be negotiations, a settlement or enforcement of rights before a court.
We represent entrepreneurs, companies and capital groups in disputes arising from their business activities. We analyse the legal situation, prepare litigation strategy, participate in negotiations and conduct cases before courts. We advise both entities pursuing claims and businesses defending themselves against demands from contractors, partners or other entities.
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70+ specialists
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Representation in commercial disputes
On this page
- 01What is your dispute about?
- 02What does advisory in commercial disputes entail?
- 03Scope of support in commercial disputes
- 04Disputes with contractors and liability under contracts
- 05Disputes between partners and corporate disputes
- 06Enforcement of claims and defence against demands
- 07Negotiations, mediation and amicable resolution of disputes
- 08Litigation strategy and evidentiary material
- 09How does proceedings in a commercial case unfold?
- 10Costs, time and risk of a commercial dispute
- 11When is it advisable to consult a lawyer about a dispute?
- 12How does cooperation work?
- 13Commercial dispute and the functioning of the business
- 14Why Russell Bedford?
- 15Team handling commercial disputes
- 16Frequently asked questions about commercial disputes
- 17Related services
- 18Let us discuss your commercial dispute
What is your dispute about?
The manner of handling the case depends on the type of dispute, the content of the obligations binding the parties, the available evidence, and the stage at which the conflict is located.
What does advisory in commercial disputes entail?
Conducting a commercial dispute requires an assessment not only of whether a given claim has a basis in the law or the contract, but also of whether the chosen course of action corresponds to the interests of the business.
We begin the analysis by establishing the circumstances of the case and the objective the client wishes to achieve.
We verify, inter alia:
- the nature of the relationship between the parties,
- the content of contracts and other documents,
- the course of performance of obligations,
- the basis and amount of the claims submitted,
- the position of the other party,
- the available evidentiary material,
- possible defences and counterarguments,
- deadlines relevant to the case,
- litigation risk,
- potential costs of conducting the proceedings,
- the financial situation of the other party, where it is relevant to the possibility of satisfying the claim,
- the impact of the dispute on the current business operations.
On this basis, we prepare possible scenarios for the proceedings and discuss their consequences.
Not in every case will initiating court proceedings be the most justified solution. In some instances, negotiations or a settlement may better serve the business's objectives. In others, it may be necessary to pursue claims before a court or to defend against demands from the other party.
Scope of support in commercial disputes
Dispute analysis and assessment of claims
We verify the factual and legal situation, the content of documentation, and the basis of the positions taken by the parties.
We assess the merits of the claims raised, possible defences, and circumstances requiring clarification before taking further action.
Preparation of litigation strategy
We present possible variants for conducting the case, taking into account the evidence, risks, costs, and the significance of the dispute for the business.
The strategy also includes an assessment of the possibility of resolving the conflict through negotiations or a settlement.
Preparation of evidence
We analyse documents, correspondence, contracts, settlements, and other materials that may be relevant to the case.
We help determine which circumstances require proof and what means of evidence may be used in the proceedings.
Negotiations and amicable dispute resolution
We prepare negotiation positions, participate in discussions with the other party, and analyse proposals for an amicable resolution of the dispute.
We also support the preparation and negotiation of the content of agreements and settlements.
Pre-litigation actions
We prepare demands for performance of an obligation or payment, responses to submitted claims, and other documents related to the pursuit of claims or the defence of the business's interests.
We assess whether additional actions are required before referring the case to court.
Representation in court proceedings
We prepare statements of claim, responses to statements of claim, procedural documents, and motions for evidence.
We represent clients during hearings and other procedural actions, presenting a position appropriate to the subject matter of the case and the adopted strategy.
Appeal measures
We analyse issued decisions, their reasoning, and the grounds for applying available appeal measures.
If there are grounds for doing so, we prepare appropriate documents and represent the client in further stages of the proceedings.
Actions after the conclusion of proceedings
After obtaining a decision or concluding a settlement, we analyse the parties' obligations and the actions necessary to implement the agreed arrangements.
In justified cases, we also support the client in actions related to the enforcement of a judgment or settlement.
Disputes with contractors and liability under contracts
Disputes concerning the performance of contracts are among the most common conflicts arising in business activities.
They may result from a differing interpretation of contract provisions, delays in the performance of obligations, challenges to the quality of performed works or services, lack of payment, or termination of the contract.
When assessing the case, we analyse not only the content of the document but also the manner in which the parties have performed their obligations.
Non-performance or defective performance of a contract
We determine the scope of the counterparty's obligations, the circumstances constituting a breach of obligation, and possible legal consequences.
Particular significance may be attached, in particular, to provisions concerning deadlines, receipt of performance, liability, notification of objections and the method of documenting performed actions.
Disputes regarding payment and settlement
We analyse the legal basis for the claim for payment and the defences raised by the other party.
We examine documentation relating to the performance of the service, settlement between the parties, due dates and other circumstances affecting the validity of the claimed receivable.
Contractual penalties
A dispute may concern the very basis for the calculation of a contractual penalty, the method of its calculation, or the admissibility and scope of the claimed claim.
We verify the relevant contract provisions, the nature of the breached obligation and circumstances relevant to the liability of the parties.
Compensation claims
In the case of compensation claims, we analyse the conditions for liability, the nature and extent of the damage, and the causal link between a specific event and the claim submitted.
Termination and rescission of contracts
We assess the effectiveness of actions taken, the grounds for terminating cooperation and the claims that may arise between the parties following termination of the contract.
The scope of our advisory services is tailored to the type of contract, the course of cooperation and the significance of the dispute for the business's operations.
Disputes between partners and corporate disputes
Ownership conflicts may affect the ability to make decisions, the functioning of the company's management bodies and the fulfilment of its current obligations.
A dispute between shareholders does not always relate solely to personal or financial matters. It often concerns the manner of exercising rights arising from participation in the company, the scope of control over the business or the implementation of prior agreements.
We support clients in matters including, inter alia:
- the exercise of shareholders' rights,
- relations between shareholders,
- provisions of shareholders' agreements,
- the functioning of company management bodies,
- the adoption and challenging of resolutions,
- liability of persons managing the company,
- the implementation of investment agreements,
- disputes related to changes in ownership structure.
Preparing a strategy requires taking into account not only the legal basis of the claims, but also the corporate structure, the situation of the business and the possible consequences of individual decisions.
Depending on the nature of the conflict, we support the client in negotiations, the preparation of an agreement or court proceedings.
Enforcement of claims and defence against demands
The manner of conducting the case also depends on whether the business is pursuing a specific claim or defending itself against a demand from the other party.
Pursuit of claims
Before referring the case to court, we analyse:
- the legal and factual basis of the claim,
- its amount,
- the due date,
- the evidence gathered,
- possible defences of the other party,
- the risk of limitation,
- the justification for applying for interim relief to secure the claim,
- the possibility of voluntary performance of the obligation,
- the prospects of obtaining satisfaction.
On this basis, we determine the further course of action.
Defence against claims
If the business has received a demand for payment or a statement of claim, we first analyse the content of the demand, the documentation and the deadlines that must be observed.
We assess the available defences, the validity of the evidence presented and the possibility of challenging the whole or part of the claimed claim.
Depending on the circumstances, we prepare a pre-litigation position, a response to a statement of claim, as well as further procedural submissions and motions.
It is essential to establish a strategy as early as possible, as commercial proceedings are subject to specific statutory requirements regarding the presentation of allegations and evidence.
Negotiations, mediation and amicable resolution of disputes
Court proceedings are not the only means of resolving a commercial dispute.
In many cases, it is worth considering negotiations or mediation, particularly where the parties maintain ongoing business relationships or where a protracted dispute may affect the continued operation of the undertaking.
Negotiations
We prepare the client's position, analyse the counterparty's proposals, and participate in discussions aimed at reaching an agreement.
We assess not only the quantum of any potential concessions but also the manner of performance of the agreed terms and the consequences of further cooperation between the parties.
Commercial mediation
Mediation enables the parties to seek a solution with the assistance of an impartial mediator.
It may be initiated prior to the commencement of court proceedings or during their course.
In certain cases arising from construction contracts and contracts closely linked to the construction process, the law provides for the court to refer the parties to mediation, subject to statutory exceptions. A mere referral to mediation does not create an obligation to conclude a settlement.
Settlement agreement
Before concluding a settlement agreement, we analyse the proposed terms, the scope of mutual concessions, and the manner in which the parties will perform their obligations.
Relevant factors include, inter alia, payment deadlines, security measures, the consequences of non-performance of the agreement, and the final scope of settlement between the parties.
A settlement agreement should serve the client's specific commercial interest. The mere termination of proceedings does not yet determine whether the agreed solution will be beneficial for the undertaking.
Litigation strategy and evidentiary material
In commercial matters, proper preparation of a party's position at the initial stage of proceedings is of critical importance.
The rules governing commercial proceedings prescribe specific principles for the presentation of allegations and evidence. Their submission at a later stage may be subject to restrictions; therefore, an analysis of the evidentiary material should precede the preparation of a statement of claim or a response to a statement of claim.
Depending on the case, we verify:
- contracts and amendments,
- documentation relating to the performance of obligations,
- acceptance protocols,
- correspondence with the counterparty,
- calls for performance and responses thereto,
- invoices and settlement documents,
- corporate documentation,
- information concerning the course of negotiations,
- financial documents,
- other materials enabling the circumstances of the dispute to be established.
We also assess the need to adduce evidence by way of witness testimony, expert opinion, or other admissible means of proof, taking into account the principles applicable to the particular proceedings.
Interim relief to secure a claim
In situations requiring protection of the client's interests prior to the final and binding conclusion of the case, we analyse the possibility and justification of applying for interim relief to secure a claim.
The choice of appropriate action depends on the nature of the claim pursued and the statutory conditions for granting interim relief.
How does proceedings in a commercial case unfold?
The course of proceedings depends on the type of case, the positions of the parties, and the procedure applied. Individual stages may vary depending on the circumstances.
Case Analysis
We determine the subject matter of the dispute, the legal basis of claims or allegations, available evidence, and issues requiring further clarification.
Assessment of the Possibility of an Out-of-Court Settlement
We assess whether it is justified to initiate negotiations, mediation, or other actions aimed at an amicable resolution of the conflict.
Preparation of the Litigation Position
We draft a statement of claim or a response to a statement of claim, presenting appropriate assertions, defences, and motions for evidence.
Evidence Proceedings
We represent the client during procedural activities related to establishing facts material to the resolution of the case.
Resolution
After the judgment is issued, we analyse its content, reasoning, and consequences for the client's situation.
Further Legal Remedies
If there are appropriate grounds, we assess the merits of filing available appeals and continue representation.
Enforcement of the Judgment or Settlement Agreement
We analyse further actions required to enforce the resolution or the agreed settlement.
Not every case involves all the indicated stages. The scope and course of proceedings depend on its nature and the applicable provisions.
Costs, time and risk of a commercial dispute
Before commencing proceedings, it is advisable to analyse not only the merits of the claim but also the economic consequences of pursuing the dispute.
The assessment should take into account, inter alia:
- the value of the subject matter of the dispute,
- court fees,
- the anticipated scope of procedural activities,
- the possibility of appointing experts,
- costs related to the evidence material,
- the risk of an obligation to reimburse the other party's litigation costs,
- the time required to conduct the proceedings,
- the impact of the dispute on liquidity and current operations,
- the possibility of enforcing and recovering the future resolution.
There is no single standard duration for a commercial case. It depends, inter alia, on its complexity, the type of evidence, the positions of the parties, and the course of proceedings.
Similarly, the cost of representation requires determining the scope of work and the stage of the case.
When preparing a recommendation, we also consider situations in which obtaining a favourable resolution does not necessarily lead to the prompt satisfaction of the claimed receivable.
When is it advisable to consult a lawyer about a dispute?
Legal assistance may be crucial even before the formal commencement of court proceedings, particularly when:
- 01the counterparty refuses to perform the contract or challenges the scope of its obligations,
- 02the business has not received a significant payment,
- 03the other party has imposed a contractual penalty or lodged a claim for damages,
- 04the company has received a demand for payment,
- 05a statement of claim has been filed against the company,
- 06a conflict has arisen between shareholders hindering the operation of the business,
- 07the dispute concerns the performance of an investment or transactional agreement,
- 08the counterparty has proposed a settlement requiring legal assessment,
- 09there is a risk of loss of documents or other evidence,
- 10a deadline material to the pursuit of the claim or the taking of procedural action is approaching,
- 11the dispute may affect the performance of key contracts,
- 12the business requires an assessment of the merits of continuing ongoing proceedings.
Early analysis allows for the organisation of documentation and the determination of the course of action before taking steps whose consequences may be difficult to reverse.
How does cooperation work?
We get to know the case
We define the subject matter of the dispute, the parties to the conflict, actions taken to date, and the objective the client wishes to achieve.
We analyse the documents provided and identify information requiring supplementation.
We assess the risks.
We verify the legal basis of the parties' positions, the evidence material, and possible scenarios.
We also take into account costs, time, and the significance of the matter for the business.
We establish the strategy.
We present the recommended course of action, defining the scope of pre-litigation activities, negotiation possibilities, and potential litigation representation.
We conduct the case.
We prepare the appropriate documentation, participate in negotiations, or represent the client in court proceedings.
We inform the client of significant rulings and circumstances affecting the further strategy.
We support the conclusion of the dispute.
After reaching a settlement or issuing a ruling, we analyse the parties' obligations and the need to take further actions.
Commercial dispute and the functioning of the business
The consequences of a dispute may extend beyond the claim that is its subject matter.
A conflict with a business partner may affect the execution of subsequent orders, the financing of operations, or the possibility of continuing cooperation.
Disputes between shareholders may hinder decision-making, the functioning of the company's management bodies, and the implementation of planned ownership changes.
For this reason, the strategy for conducting the case should also take into account the economic situation of the business and the significance of a particular ruling for its further operations.
Depending on the nature of the project, Russell Bedford lawyers may collaborate with tax advisers and financial experts if the assessment of the dispute's consequences requires consideration of additional issues.
Why Russell Bedford?
Analysis prior to selecting the course of action.
Before taking action, we assess the legal basis, the evidence material, and possible scenarios. We also take into account the economic significance of the conflict for the business.
Representation at subsequent stages of the dispute.
We support clients in analysing claims, negotiations, and the preparation of documentation, and we represent them before courts.
Experience in serving entrepreneurs.
Economic disputes require knowledge not only of civil procedure but also of the principles governing the operation of companies, the conclusion and performance of contracts, and relationships between business entities.
Law analysed from a business perspective.
In cases requiring a broader assessment, we collaborate with experts from other areas of Russell Bedford, taking into account the legal, financial, and organisational consequences of the adopted strategy.
Team handling commercial disputes
Litigation cases are conducted by attorneys-at-law and advocates with experience in representing entrepreneurs and other entities before courts.
The scope of support includes the analysis of claims, the preparation of litigation strategy, conducting negotiations, and representation in court proceedings.
Sylwia Zając
Attorney-at-law | Senior Associate, Legal Department, Russell Bedford Poland.
Sylwia Zając has 13 years of experience in legal advisory. She specialises in civil and corporate law, with particular emphasis on litigation, serving entrepreneurs, transactions, and reorganisation processes.
He independently conducts court proceedings, particularly in civil and commercial matters. He represents clients at successive stages of proceedings – from analysis of the factual and legal situation and preparation of strategy, through negotiations, to representation before the court.
He also has experience in negotiations and amicable resolution of disputes, including in a case concluded by a settlement concerning a claim exceeding 3 million PLN.
Specialisations
- Court proceedings and commercial disputes
- Civil and commercial law
- Negotiations and amicable dispute resolution
- Contractual liability
- Commercial agreements and contracts
- Corporate law
- Ongoing legal support for companies
- Transactions and business reorganisations
Attorney-at-law, District Bar of Attorneys-at-Law in Warsaw, registration number WA-16794.
Languages: Polish, English
E-mail: sylwia.zajac@russellbedford.pl
Szymon Szabat
Attorney-at-law | Associate, Legal Department, Russell Bedford Poland
Szymon Szabat has experience in conducting court disputes and providing legal advice to entrepreneurs and individual clients.
He has represented clients before common courts at all stages of proceedings, including financial institutions – banks and insurance companies – in disputes with consumers.
As part of his practice, he also provides ongoing legal advice to entrepreneurs in the real estate, construction, transport, freight forwarding and logistics sectors. He combines procedural experience with legal support for business operations.
Specialisations
- Commercial and economic disputes
- Civil law
- Commercial and business law
- Corporate support for companies
- Registration proceedings before the National Court Register (KRS)
- Company reorganisations
- Company liquidations and transformations
- Mergers and acquisitions
Attorney-at-law, District Bar of Attorneys-at-Law in Warsaw, registration number WA-14706, since 2019.
Languages: Polish, English
E-mail: szymon.szabat@russellbedford.pl
Frequently asked questions about commercial disputes
A commercial dispute may arise, inter alia, from civil-law relationships between entrepreneurs connected with the conduct of their business activities, as well as from specific corporate relationships and other matters indicated in the provisions.
Qualifying a specific case as commercial requires analysis of its subject matter and legal basis.
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View serviceLet us discuss your commercial dispute
We can begin with an analysis of the subject matter of the dispute, the positions of the parties, the available documentation, and the stage at which the case stands.
On this basis, we will assess possible actions, the associated risks, and the scope of support required for conducting negotiations or court proceedings.
The information presented on the website is of a general nature and does not constitute legal advice. An assessment of a specific case requires an analysis of its individual circumstances, available documents and applicable provisions.