How a Lawyer Can Help with Commercial Disputes – Prevention and Legal Representation

Commercial disputes are a constant reality for companies of all sizes.

They may arise from vague or breached contracts, non-payment of owed amounts, or different interpretations of contractual terms.

In all these situations, the support of an experienced commercial litigation lawyer is essential – not only for resolving the dispute but also for preventing it from escalating.

1. Why Do Commercial Disputes Arise?

Commercial litigation is often part of a company's daily activity. Common scenarios include:

• Unpaid invoices between companies: A partner refuses to pay for services that were already delivered.

• Breach of a distribution agreement: An exclusive distributor starts selling to other clients in the same territory.

• Non-fulfillment of contract terms: Delivery deadlines are missed, disrupting the supply chain.

• Refusal to return advance payments or contractual guarantees: A construction company refuses to refund an advance although no work has started.

• Unauthorized use of a trademark or similar domain name: A company imitates another's brand and misleads customers.

  
  

In other words, disputes may arise when:

• A company fails to meet contractual obligations (e.g., late payments, non-delivery, delayed performance);

• Partners interpret contract clauses differently (e.g., penalties, deadlines, warranties, exclusivity clauses);

• Unfair competition or rights violations occur (e.g., similar brand name or sign, customer poaching);

• There are no written contracts or supporting documents, leading to misunderstandings;

• There are disputes related to contract termination or cancellation.

  
  

2. Prevention: How a Commercial Lawyer Can Help Early On

A commercial lawyer is valuable not only after a conflict arises, but especially before. Here's how legal advice can help prevent future litigation:

• Reviewing commercial contracts to remove ambiguities and abusive clauses;

• Negotiating contractual terms to clearly define the parties’ rights and obligations;

• Advising on invoicing procedures and late payment penalties;

• Including mediation or arbitration clauses for fast and amicable resolution;

• Sending formal legal notices to the other party;

• Assessing risks and recommending legal safeguards;

• Advising on contract renegotiation or termination.

  
  

3. Representation in Commercial Litigation

When a dispute becomes inevitable, we provide full legal representation, including:

• Drafting claims, responses, and procedural submissions;

• Collecting and organizing documentary evidence and witnesses;

• Representing your company in court hearings;

• Negotiating settlements, when beneficial to your case;

• Filing appeals, if necessary.

  
  

4. Tailored Legal Solutions for Companies

We provide legal support and representation in:

• Debt recovery from contractual partners (including during insolvency procedures);

• Claiming damages for breach of contract;

• Contract termination or confirmation of its termination;

• Disputes related to non-performance of contractual obligations;

• Shareholder conflicts regarding company control;

• Unfair competition cases impacting your commercial interests.

  
  

5. Case Examples

Situation: A marketing agency was not paid for a fully delivered campaign.

Action: Drafting a formal payment notice and initiated court proceedings to recover the debt + penalties.

Situation: A commercial tenant refused to pay rent for 3 months and vacate the premises.

Action: Sent a termination notice and initiated legal action to recover outstanding amounts.

Situation: A supplier refused to deliver IT equipment that was already paid for.

Action: Reviewed the contract, issued a legal notice, and filed a lawsuit.

Situation: A contractual partner violated an exclusivity clause in the agreement.

Action: Documented the breach, claimed damages, and initiated litigation.

6. Contact Us for Legal Assistance

A commercial litigation lawyer can help your company not only in court but before a dispute escalates – when prevention is still possible.

📩 If you're involved in a commercial dispute or want to prevent one, contact us at office@cristinatudor.ro.

We also offer tailored legal advice for reviewing contracts and assessing specific risks in your business relationships.