09
Commercial Law
Commercial law governs relations between merchants and disputes arising from the activities of a commercial enterprise. In this field, preventing a dispute is usually more economical than resolving one.
Commercial contracts
Drafting and negotiating sale, dealership, distribution, supply and service agreements falls within this scope.
The penalty, security, termination and dispute resolution clauses written into a contract largely determine, in advance, the outcome of any dispute that follows.
Negotiable instruments and unfair competition
Disputes arising from cheques, promissory notes and bills of exchange, together with proceedings on dishonoured instruments, are frequent in this field.
Against commercial conduct contrary to good faith, a declaration, an injunction and damages may be sought under the unfair competition provisions.
Mediation in commercial disputes
For claims for debt and compensation consisting of the payment of a sum of money, applying to a mediator is a procedural precondition to suit. This stage offers a genuine opportunity to resolve the dispute without litigation.