Fellous Avocats · Expertise
Commercial litigation
Unpaid invoices, disputed services, unperformed commitments, terminated relationships: preparing the case, negotiation and proceedings.
Talk to the firmUnderstanding
What needs to be established before acting
A commercial dispute also weighs on cash flow, management time and the relationship with partners.
An unpaid invoice, a disputed service, an unperformed commitment or a relationship that breaks down: a commercial dispute is not just a matter of procedure.
The first task is to establish a chronology and compare the written commitments with what actually happened. Claims, challenges and evidence of loss are distinguished from negotiating positions.
The possible routes are then compared in light of your objective: obtaining payment, ending a difficulty, preserving a relationship or defending the business.
How we assist
From the first documents to handling the case.
The engagement may cover an amicable approach, preparing proceedings or defending a claim received. Follow-up is organised around deadlines and the decisions to be taken; no duration or outcome can be guaranteed in advance.
- 01
Establishing the facts and the claims
Gathering contracts, orders, invoices, correspondence and evidence of performance. The firm identifies the documented points, the information still needed and the questions that determine the strategy. Known deadlines are flagged from the first exchange.
- 02
Preparing the negotiation
Defining what can be claimed, discussed or accepted, then organising the exchanges within a consistent framework. The possibility of an agreement is assessed in light of the documents, the economic context and the company's objective.
- 03
Conducting the appropriate proceedings
Where the case calls for litigation, the court, the procedural route and the conditions for bringing the action are examined. The firm prepares the presentation of the facts and claims and assists at each stage of the proceedings entrusted to it.
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Your questions
Frequently asked questions
What should be sent after receiving a writ of summons?
The complete document, its date of receipt, the contract, correspondence and the evidence relating to the dispute. Report the dates mentioned in the document immediately so that the timetable can be examined.
Should proceedings be started as soon as an invoice goes unpaid?
The answer depends on the case. The documents, the exchanges that have already taken place, any challenge and the company's objective are examined before choosing an approach.
Is negotiation still possible once proceedings have begun?
The possibility of a discussion is assessed as the case progresses. Whether it is appropriate and how it is conducted depend in particular on the stage of the proceedings and the parties' positions.
How are the costs of litigation assessed?
The scope of the engagement and the fee arrangements are agreed with the firm. Other costs that may be incurred are examined according to the needs of the proceedings.