Management of commercial disputes

What to do in a commercial dispute?

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Commercial disputes are those involving suppliers, customers, an external service provider, a distributor, other merchants, banks, or a competitor (for a dispute related to unfair practices, for example).

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Commercial disputes are known to be very long and often very expensive. It is therefore preferable to first attempt an amicable resolution of the dispute, informally, or through the intermediary of a mediator/conciliator.

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If the amicable procedure proves impossible, the last resort is to seize the competent civil courts. This is the Commercial Court. The Commercial Court is competent to settle commercial disputes.

In the absence of an amicable agreement, the procedure before the Commercial Court will then take place in two phases:

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• a so-called “pre-trial” hearing.  They allow each of the parties to become acquainted with the arguments raised by the opposing party and to respond to them. These pre-trial hearings make sure to respect the “adversarial principle”: everyone exercises their right to speak and reply;

• a judgment hearing. The judge deliberates and his decision is enforceable, unless one of the parties appeals, in which case the execution of the decision is suspended until the appeal is made.

Good to know: we then say that the appeal is suspensive, unless the decision benefits from provisional execution. Provisional execution is an exception to the suspensive effect of appeal.

Anxious to favor an amicable solution to the disputes encountered by our clients, we systematically favor an attempt at amicable settlement of conflicts before initiating litigation.

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The Essential Formula: 300 euros including tax

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Blooming Consulting supports you every step of the way. From the first contact with the lawyer in charge of your file until the resolution of the dispute, Blooming Consulting ensures that your file is in good hands. In the event that the amicable resolution fails and you plan to proceed with a contentious resolution before the Commercial Court, Blooming Consulting will direct you to a lawyer specializing in commercial litigation who can plead for you before the judge.

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The Essential Formula includes:

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First: the lawyer in charge of your file will then contact you within a maximum of two working days. He will arrange a telephone meeting with you, depending on your availability.

Secondly: your lawyer will send you a written consultation detailing the legal point of view of the situation, the chances of success, and concluding with an analysis of the probable risk of conviction. In view of this probability of conviction, you will then decide on the procedure to follow, thanks to the description of the procedure that your lawyer will detail in the appendix to his report.

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The Essential Formula includes:

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• a one-hour interview with a lawyer;

• a rigorous analysis of your documents;

• the sending of a written consultation analyzing the risks and the chances of success, with an explanatory notice attached detailing the stages of the procedure before the Commercial Court.

Premium formula (24 H): for 360 euros including tax

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The Premium formula is exactly the same as the Essential but with faster delivery.

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NB: contentious actions involve a plea before the Commercial Court and, consequently, the intervention of a lawyer. If you wish to set up such an action, we will put you in contact with a specialized lawyer who will take over in this procedure. The specialized lawyer will then communicate to you his rates and packages.

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