Commercial litigation is a legal action usually concerning parties in a business or company. This legal action can encompass and relate to any type of commercial leasing dispute or business dispute, including partnership disputes, building and construction disputes, contractual disputes, shareholder disputes and other business disagreements. Resolving commercial disputes can involve alternative dispute resolution mechanisms or court action. The alternative dispute resolution mechanisms include mediation, negotiated outcomes, expert determinations and arbitration.
In the following article, we’re going to detail how commercial litigation works, the types of commercial litigation cases out there, and how having a lawyer can help you.
Commercial Litigation Cases
Our commercial litigation team have taken part in resolving a wide variety of commercial disputes, including intellectual property and business contracts. Examples of commercial litigation cases include:
Breach of contract or contract disputes
Commercial disputes might arise between businesses or companies as a result of misleading or deceptive conduct leading to the breach of contract for the terms of service. This can occur when both parties to a business agreement have different interpretations regarding the contract terms. Either or both parties to the contract may decline to fulfil their obligations under the contract. In these types of circumstances, the parties to the contract may seek the help of commercial litigators to terminate the contract while claiming losses and damages resulting from the contract dispute or breach of contract.
Intellectual property disputes
Intellectual property, including patents, trademarks, designs and copyright, are the business’s most valuable assets. Therefore, clear, comprehensive and well-detailed intellectual property laws must be enacted to protect such rights. If a business or company is utilising the intellectual property of another business or company without its consent, by law, the aggrieved party will have to begin proceedings to protect their intellectual property rights.
Other forms of commercial litigation cases include:
- Property disputes
- Competition and consumer law disputes
- Labour disputes
- Insolvency and marketing cases
- Corporation disputes
How Commercial Litigation Works
Commercial litigation cases can be settled in various ways depending on the kind of dispute. A commercial dispute, for instance, might be settled or resolved through arbitration or mediation. In arbitration, a neutral third party will act as an arbitrator to help resolve the dispute. In mediation, a mediator negotiates a settlement agreement between the conflicting parties involved in the dispute. These dispute resolution mechanisms work because they entail informal discussions between parties willing to negotiate or mediate rather than going to court. Legal disputes or disagreements involving serious issues, including patent violations or copyright, may require one to go to the Supreme court for dispute resolution.
How Can a Commercial Litigation Lawyer Help?
You may require the help of an accredited specialist, such as a commercial litigator, to run your business and activities efficiently since, along the way, you may become involved in legal problems or disputes that could cause damage or challenges to your business. A business owner is vulnerable to conflicts, including insurance disputes, employment disputes, breach of contract, property disputes and other legal dispute cases, which may require the expertise of an experienced attorney’s help to resolve them. Commercial litigation lawyers protect and safeguard the interests and rights of their clients while shielding the intellectual property of the client’s businesses.
A commercial litigation lawyer will work closely with you to help you in all litigation processes, including performing initial case assessments, conducting aspects of the discovery process, drafting court proceedings, and representing you in court. It’s important to hire a professional and qualified lawyer to provide legal advice, manage risks, resolve issues, and defend you in court to resolve or settle complicated legal disputes.
If you require expert legal expertise for your commercial litigation case, contact our team to find out more.
