Business and Corporate Litigation

Are you looking for a business litigation lawyer to prevent a dispute, defend your company or initiate legal proceedings? ARST Avocats assists companies, executives, partners and professionals facing commercial, contractual, corporate, real estate or financial disputes.

Our team intervenes at all stages of the dispute: risk analysis, pre-litigation negotiation, formal notice, seeking an agreement, emergency procedure, judicial expertise, trial on the merits, exercising appeals and enforcing the decision obtained.

This cross-disciplinary practice allows the firm to handle complex disputes involving several branches of business law simultaneously.

Business litigation lawyer: advice, negotiation and litigation

A commercial dispute must be addressed by considering its legal, financial, operational, and reputational implications. Before initiating proceedings, we assess the facts, available evidence, applicable rules, chances of success, risks involved, and the actual feasibility of enforcing a judgment.

ARST Avocats acts for both plaintiffs and defendants in:

• analyze the legal and contractual situation;
• identify the responsibilities that may be incurred;
• gather and preserve evidence;
• assess the damages suffered or alleged;
• to send or respond to a formal notice;
• to define a pre-litigation or judicial strategy;
• negotiate a transactional protocol;
• to initiate emergency proceedings or a substantive action;
• to coordinate several parallel procedures;
• to monitor the implementation of the decision rendered.

When circumstances allow, we seek a negotiated solution that protects our clients' economic interests and business relationships. If a satisfactory agreement cannot be reached, we represent them before the appropriate courts.

Disputes relating to commercial contracts

Our team intervenes in disputes relating to the negotiation, formation, interpretation, execution or termination of commercial contracts.

We handle disputes concerning, in particular:

• the validity or invalidity of a contract;
• proof of the existence and content of the commitment;
• the interpretation of contractual clauses;
• the non-performance or improper performance of obligations;
• delays in delivery or execution;
• non-conformity of products or services;
• the obligations of advice, information and warning;
• contractual penalties and limitation of liability clauses;
• the exception of non-performance;
• the forced execution of the contract;
• the price reduction;
• the termination or cancellation of the contract;
• renewal and tacit renewal clauses;
• contractual notice periods;
• the financial consequences of ending the relationship;
• compensation for economic and commercial damages.

The firm intervenes in disputes relating to supply contracts, service contracts, subcontracting, business referrals, partnerships, maintenance contracts, licenses, transport contracts, supply contracts or commercial cooperation contracts.

Disruption of trade relations and restrictive practices

ARST Avocats advises and defends companies facing the total or partial breakdown of a business relationship, a sudden decrease in orders or unbalanced negotiation conditions.

Our intervention focuses in particular on:

• the abrupt termination of an established business relationship;
• the assessment of the established nature of the relationship;
• determining the length of the necessary notice period;
• the partial disruption or substantial reduction of ordered volumes;
• the unilateral modification of commercial conditions;
• threats of rupture and retaliatory measures;
• advantages without consideration or manifestly disproportionate;
• the significant imbalance between the rights and obligations of the parties;
• the violation of a territorial or commercial exclusivity;
• participation in the violation of a distribution network;
• the assessment of the damage resulting from the termination;
• the temporary continuation of the relationship as part of an emergency procedure.

Article L. 442-1 of the Commercial Code governs, in particular, the abrupt termination of established commercial relationships and certain practices that may give rise to liability on the part of their author.

Distribution and Franchise Litigation

Our team assists franchisors, franchisees, suppliers, distributors, agents, intermediaries and network operators in their commercial disputes.

Our services include, in particular:

• franchise agreement;
• pre-contractual information document;
• error or insufficiency of information provided before signing;
• activity forecasts and operating conditions;
• respect for the concept and know-how;
• use of the brand name and distinctive signs;
• assistance provided by the franchisor;
• territorial or supply exclusivity;
• royalties and financial obligations;
• failure to comply with network standards;
• termination of the franchise agreement;
• cessation or conversion of the franchisee's activity;
• non-competition and non-affiliation clauses;
• exclusive or selective distribution agreement;
• concession contract;
• commercial agent contract;
• compensation for termination of the commercial agent's contract;
• breakdown of relations between suppliers and distributors.

These disputes may require coordinated intervention in contract law, competition law, trademark law and corporate law.

Disputes between partners and directors

ARST Avocats intervenes in disputes affecting the governance, capital or operation of companies.

We assist companies, directors, partners and shareholders in disputes relating to:

• to the interpretation or execution of the statutes;
• to the application of a partnership or shareholders' agreement;
• to the exercise of voting rights;
• to the partners' right to information;
• to the convening and conduct of general meetings;
• to the validity or cancellation of a social decision;
• to abuses of majority, minority or equality;
• to regulated agreements;
• to the remuneration, dismissal or liability of a manager;
• to the blocking of social bodies;
• to the appointment of an ad hoc representative or a provisional administrator;
• to the exclusion, withdrawal or exit of a partner;
• to the forced sale or repurchase of securities;
• to the valuation of shares or stocks;
• to asset and liability guarantees;
• to price supplements and adjustments;
• to conflicts arising after a sale or acquisition of a company.

Whenever possible, we prioritize finding a solution that ensures a lasting separation between partners and preserves business continuity. If this is not possible, we initiate the necessary legal proceedings to protect our client's rights.

Debt collection and unpaid invoices

Recovering a commercial debt requires choosing a procedure adapted to the quality of the evidence available, the debtor's disputes, and their financial situation.

Our team supports companies in:

• analysis of invoices, orders, contracts and proof of delivery;
• drafting formal notices;
• the negotiation of a payment schedule or an acknowledgment of debt;
• the payment order procedure;
• the interim injunction;
• the summons for payment;
• contesting a debt or invoice;
• the implementation of a penalty clause or late payment interest;
• the taking of guarantees and securities;
• obtaining a precautionary seizure;
• the registration of a judicial security interest;
• the seizure and allocation of bank accounts;
• seizure and sale and real estate seizure;
• the execution in France of a foreign decision.

The summary proceedings for provisional payment can, in particular, allow for obtaining a rapid advance when the existence of the obligation is not seriously contestable. Public service – summary proceedings for provisional payment

We also act in defense to contest a debt, a precautionary measure or an irregular enforcement measure.

Commercial leases and professional rental disputes

ARST Avocats assists landlords, tenants, investors and operators in their disputes relating to commercial and professional leases.

Our practice includes, in particular:

• the collection of rents, charges and taxes;
• the implementation of a termination clause;
• the orders to pay;
• the judicial termination of the lease;
• the eviction of the tenant;
• requests for payment extensions;
• rent review and indexation;
• the setting of the rent for the renewed lease;
• the capping or uncapping of rent;
• the renewal of the commercial lease;
• the refusal to renew;
• eviction compensation and occupancy compensation;
• the intended use of the premises and the de-specialization;
• the distribution of work, costs and repairs;
• the transfer of the lease or the business;
• guarantees and surety commitments;
• the return of the premises and the security deposit.

When necessary, we request the appointment of a court-appointed expert to determine the rental value, assess the work required, or determine the amount of compensation for eviction.

Construction and real estate litigation

Our team intervenes in disputes relating to construction, renovation, development and real estate investment operations.

We assist project owners, developers, construction companies, builders, architects, engineering firms, project managers, subcontractors, owners and occupants in disputes concerning:

• delays, abandonments or interruptions of construction work;
• defects, non-conformities and disorders;
• reservations upon receipt;
• the responsibility of the builders and stakeholders;
• the guarantees of perfect completion, two-year and ten-year guarantees;
• payment for work completed;
• additional work;
• late payment penalties;
• private works contracts;
• subcontracting and direct payment;
• judicial expert reports;
• warranty claims between parties;
• legal recourse against insurers;
• real estate sales and sales in a future state of completion;
• promises to sell and compensation for immobilization;
• property, easements and neighborhood disputes;
• co-ownership disputes;
• disputes relating to real estate development and transactions.

In technically complex cases, we support our clients from the first expert assessments so that the findings, responsibilities and damages are usefully discussed before the trial on the merits.

Litigation concerning liability and economic damages

ARST Avocats intervenes in contractual or extra-contractual liability actions concerning companies and their partners.

Our team handles cases relating to:

• to faults committed in the execution of a contract;
• to failures to comply with obligations of information, advice or vigilance;
• to the responsibility of directors and corporate officers;
• to the responsibility of professionals and service providers;
• to the responsibility of intermediaries;
• to unfair competition and parasitism;
• to denigration and customer poaching;
• to the loss of revenue or profit margin;
• to the loss of business;
• to the loss of opportunity;
• to additional costs and expenses;
• damage to image and reputation;
• to damages resulting from the unavailability of property, equipment or a facility.

Assessing damages is a key aspect of litigation strategy. When necessary, we work with financial experts, accountants, technicians, or industry professionals.

Insurance disputes

Our firm assists companies, professionals, insured parties and beneficiaries of guarantees in disputes relating to insurance contracts.

Our services include, in particular:

• refusal or limitation of warranty;
• interpretation of guarantees and exclusions;
• false declaration and nullity of the contract;
• late declaration of the loss;
• deductibles and guarantee limits;
• professional liability insurance;
• company civil liability;
• Property and business interruption insurance;
• construction insurance;
• borrower's insurance;
• insurer's warranty claim;
• subrogation recourse;
• amicable or judicial expertise;
• assessment and compensation of the claim.

We also assist policyholders during expert assessments and in legal proceedings against insurers or insurance intermediaries.

Disputes related to companies in difficulty

Without replacing the specific practice of our Insolvency Law team, ARST Avocats intervenes in disputes related to or resulting from the opening of safeguard, reorganization or liquidation proceedings.

This intervention may involve:

• the declaration, verification and contesting of claims;
• the foreclosure statements;
• actions for recovery or restitution;
• the continuation or termination of current contracts;
• the rights of owners, landlords and contracting parties;
• the implementation of securities and guarantees;
• actions brought against sureties and guarantors;
• disputes relating to a transfer of business or assets;
• liability actions related to insufficient assets;
• appeals against decisions made within the framework of the collective procedure.

Issues relating to the prevention of difficulties, ad hoc mandates, conciliation, safeguarding, judicial reorganization, judicial liquidation and transfer plans are developed in our page dedicated to the law of companies in difficulty.

Emergencies, summary proceedings and evidentiary measures

Business disputes sometimes require intervention even before the substantive trial can begin.

Our team intervenes urgently to request or contest:

• an order on application;
• an investigative measure prior to any trial;
• a judicial report or expert opinion;
• forced disclosure of documents;
• a precautionary measure;
• a temporary ban;
• the suspension of a decision or operation;
• the execution of an obligation that is not seriously contestable;
• the payment of a provisional sum;
• the appointment of a provisional administrator or an ad hoc agent;
• the retraction of an order obtained without adversarial proceedings.

These procedures make it possible to preserve evidence, prevent further damage, protect an asset, or quickly obtain a provisional measure.

Representation before the courts and appeals processes

ARST Avocats represents its clients before the competent civil and commercial courts throughout the French territory.

We intervene in particular before:

• commercial courts;
• the courts of economic activities when they are competent;
• the judicial courts;
• the judges of summary proceedings;
• the enforcement judges;
• judges of commercial rents;
• specialized courts;
• the courts of appeal.

We also monitor appeals before the Court of Cassation in coordination with a lawyer admitted to the Courts, as well as the enforcement in France of decisions rendered abroad.

The firm also handles arbitration, mediation, conciliation, and settlement negotiations. These amicable methods of dispute resolution can lead to a faster, more confidential solution tailored to the economic needs of the parties.

A litigation strategy at the service of the company

Our approach to litigation is not limited to conducting the trial. It incorporates the client's business objectives, the cost of the procedure, the foreseeable delays, the preservation of evidence, the solvency of the opposing party, and the consequences of a decision on the continuation of the business.

Are you looking for a business litigation lawyer to prevent a dispute, negotiate a solution, or defend your company in court? ARST Avocats analyzes your situation, defines a suitable strategy, and supports you until the dispute is definitively resolved.