Partners without deceptions

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without deceptions
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Even long and strong Partnership relations of the joint company owners crack, and the conflict of interests appears.

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Even long and strong Partnership relations of the joint company owners crack, and the conflict of interests appears.

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The cause of the conflict is often linked with change of the Partners′ views on the further development of joint business or with the intent of one of the Partners to quit business. Such matters are also the cause of the conflicts between the company owners and the management.

The difficulty in resolving such conflicts is linked with the fact that in the process of its solution each of the parties in conflict would like to keep friendly relations with the partner in future. The specificity of such contract is also in the undesirable publicity of the problem, therefore the maintaining of confidential information is very actual. In such situation the solution of this problem it not likely to be instructed to the in-house lawyer. It would be more reasonable to address independent outside counsel.

When solving such conflicts we take into account the existing relationships between the conflict’s participants and even their family members, and develop the mechanism of settling disputes, primarily by the means of conciliation. If the problem was not amicably solved, our advocates work out the court action to defense the client’s interests.

Non-judicial process

We recommend our clients not to bring the conflict to the court and to resolve it by the means of non-judicial process.

The advantage of the non-judicial process is economy of time and funds of the conflicting parties, protection of their business reputation and confidential information and in reciprocal result.

While solving of the conflict in this case we examine the relative information and documents, define the cause of the problem and draft an individual plan of non-judicial process for the client.

The main activities of conflict solution include:
  • Drafting of legal argumentation of the client’s position;
  • Carrying of the client’s position to his contractors by the means of negotiations, or by the means of drafting and sending of a written proposal to you contractor;
  • Drafting the corresponding agreements, fixing the solution of the conflict;

Court proceedings

Court proceedings is one of the parts of the each company’s business process and therefore it should be effective, assist strengthening of the company’s image and be cost-effective.

As any of the business processes, the court proceedings should be handled by professionals, and our advocates are recognized professionals in law of procedure, what is confirmed by the reviews of our clients. The advocates represent the interests of the bureau’s clients in the courts of different jurisdiction (Arbitrazh courts, Courts of arbitration) or instances (first instance, court of appeal, court of cassation, court of supervision).

Certain staff stand behind each court proceedings (managers, heads of departments or in-house lawyers), that is the exact reason, why we treat their expectations and wishes with high volume of attention and care, for our cooperation would be maximum comfortable to them.

Our general principle is to find the optimal and cost-effective way of the client’s problem solution, and to realize it in reasonable terms. The protection of the client’s interests during the court procedure is based on the following scheme:
  1. case study;
  2. examination of relevant case-law;
  3. collection of evidence (if necessary);
  4. defining of the legal position for resolution of the problem;
  5. approval of the proposed position by the client;
  6. drafting of the procedural documents (claim, statement of defense, motions etc) and collection of additional evidence (if necessary);
  7. approval of the drafted documents by the client and signing of them;
  8. selection of arbitrator for the Court of arbitration;
  9. representation of the client’s interests in court;
  10. representation of the client’s interests in enforcement proceeding.