Commercial disputes and debt recovery
We represent companies and entrepreneurs in commercial disputes — from debt recovery and breach of contract to complex commercial litigation before the courts and in arbitration.
We represent companies in commercial disputes — from debt recovery and breach of contract to complex litigation before the courts and in arbitration. Before initiating proceedings, we provide a candid assessment of the prospects, the likely costs and whether the dispute is commercially worth pursuing.
In business, a dispute is often not a question of whether you are right, but of how quickly and with what risk you will secure your rights. In commercial disputes, an early assessment of the position and a clear strategy are decisive; an out-of-court solution or a timely step is frequently cheaper and faster than protracted litigation. Our role is to assess the prospects and risks realistically, and to handle the dispute in a way that protects your commercial and financial interests.
Five situations in which it is worth getting in touch.
- A debtor has failed to pay and you need to recover the debt (out of court, or through enforcement or a lawsuit).
- The other party has breached the contract or is threatening litigation.
- You have received a claim, a pre-action letter or court documents, and a deadline is approaching.
- The dispute is suited to arbitration, or the arbitration clause is contested.
- A debtor is becoming insolvent and a claim must be filed in good time.
From assessment to resolution.
Assessment of the position and risks
We check the merits, the evidence, limitation periods and the realistic prospects of success.
Debt recovery
Demand letters, out-of-court settlement, an enforcement application based on an authentic document, and litigation. Asset enquiries into the debtor's financial position.
Breach of contract
Enforcing performance, rescission, contractual penalties or contractual damages.
Litigation strategy and representation
Representation before the commercial divisions of the courts at all levels.
Arbitration
Representation in arbitration proceedings and the assessment of arbitration clauses.
Insolvency proceedings
Timely filing of claims in bankruptcy or compulsory settlement proceedings.
A prompt assessment often determines the outcome.
In commercial disputes, time often works against the creditor: claims become time-barred, evidence disappears, the debtor becomes insolvent. A timely assessment and the right choice of route (settlement, enforcement, litigation or arbitration) often make the difference between a sum recovered and one written off. A realistic appraisal of the prospects lets you decide commercially, not emotionally.
A dispute is sometimes unavoidable. Judging when and how is what matters.
Domen Krištof
He leads the firm's commercial disputes work, including receivables and debt recovery, breach of contract, complex commercial litigation and arbitration.
View profile →
Tjaša Ozimek
She advises on the asset, damages and private-wealth aspects of disputes, including civil disputes arising from business losses.
View profile →Commercial disputes: frequently asked questions
How does debt recovery work?
Usually with a demand letter and an attempt at out-of-court settlement first. If that fails, an enforcement application based on an authentic document or a lawsuit follows. The lawyer can also make enquiries into the debtor's assets to assess whether proceedings are worthwhile.
When is a settlement better than going to court?
When the cost, time and risk of litigation are disproportionate to the expected outcome, or when the other party's solvency is doubtful. The decision rests on a realistic assessment of the evidence and the prospects.
How long does a commercial dispute take?
It depends on the complexity, the court and the conduct of the other party. Out-of-court solutions are generally faster than litigation. We assess a realistic timeline after reviewing the matter.
What is an authentic document?
A document (for example an invoice or a statement of account) on the basis of which enforcement can be sought without prior litigation — a common and faster route for recovering undisputed monetary claims.
When does a claim become time-barred?
Limitation periods depend on the type of claim; some commercial claims expire sooner than general ones. As limitation means a definitive loss of the right, acting in time and interrupting the limitation period are important.
Related insights
Debt recovery: out of court, enforcement or a lawsuit?
The routes to recovering a debt — demand letter, out-of-court settlement, enforcement based on an authentic document and litigation — and when to choose each.
Read more →Business losses and business interruption: when damages are available
The bases for damages arising from business losses — breach of contract or unlawful conduct — lost profit, and proving the amount.
Read more →