Commercial Lawyer in Domestic Commercial Disputes
Various disputes may arise in relation to domestic commercial matters and corporate affairs. It should be noted that following the establishment of Electronic Judicial Service Offices, all claims related to companies and commercial matters, whether filed by a commercial lawyer or by individuals without legal representation, must first be registered through these offices and then referred to the competent courts of justice.
In today’s world, with the rapid growth of domestic and international commercial activities, disputes arising from such relationships are also increasing. Given that activity in this field requires specific legal expertise, it is essential to seek the assistance of a qualified commercial disputes lawyer to prevent irreparable losses. Therefore, it is strongly recommended that no action be taken in this area without prior consultation with a commercial law specialist.
The Importance of Drafting Commercial Contracts Under the Supervision of a Lawyer
Arbitration in Domestic Contracts and Disputes
Interaction in modern society requires the conclusion of various contracts in political, economic, social, and other fields. Commercial contracts generally bind the parties to perform or refrain from performing certain acts.
In some cases, one of the parties, whether intentionally or unintentionally, fails to fulfill contractual obligations, which leads to disputes. The resolution of such conflicts can be pursued through different methods. One of these methods is referral to judicial authorities and filing a lawsuit. In practice, however, due to the high volume of cases in courts and judicial bodies, this approach often involves high costs and lengthy proceedings.
As a result, and in such circumstances, the subject of arbitration in domestic commercial disputes becomes particularly important.
Conditions of the Parties to an Arbitration Agreement
- Legal capacity of the parties to the arbitration agreement.
The parties must have the legal capacity to bring the claim referred to arbitration, even if they lack the capacity to get other types of claims. - Possession of the general conditions for the validity of transactions in accordance with Article 190 of the Civil Code, including:
- Intent to agree.
- Legal capacity.
- Existence of a definite subject matter.
- Lawful purpose.
- Arbitrability of the subject matter of the dispute.
In principle, most disputes may be referred to arbitration, provided the subject of the dispute is capable of resolution by arbitration.
Types of Domestic Commercial Disputes
- Company registration.
- Company dissolution.
- Resolution of disputes among company partners or shareholders.
- Obligations related to the management and administration of companies.
- Claims and lawsuits brought by individuals against companies.
Frequently Asked Questions Regarding Commercial Lawyers in Domestic Commercial Disputes
Why is the presence of a lawyer necessary in domestic commercial disputes?
Commercial disputes involve significant legal and technical complexities, and even a minor error in the process may result in substantial losses. Engaging a lawyer specialized in this field ensures that the correct legal path is followed and that potential risks are minimized.
What is the procedure for filing domestic commercial claims before the courts?
In accordance with current regulations, all commercial claims, whether filed by a lawyer or by natural or legal persons, must first be registered through Electronic Judicial Service Offices and then referred to the competent courts.
Why is drafting commercial contracts under the supervision of a lawyer important?
Commercial contracts constitute the primary foundation of business relationships. Any ambiguity or deficiency in their provisions may lead to extensive disputes and serious losses. Supervision by a specialized lawyer in the drafting process ensures that the parties’ agreements are precise, lawful, and protected against future risks.
What is the role of arbitration in domestic commercial disputes?
Arbitration is one of the most efficient methods for resolving commercial disputes. Compared to court proceedings, it offers greater speed, accuracy, and lower costs. By mutual agreement, the parties may refer their disputes to an arbitrator or an arbitral tribunal, thereby facilitating the resolution process.
What are the main examples of domestic commercial disputes?
The most significant examples include disputes related to company registration or dissolution, conflicts between partners or shareholders, obligations concerning company management, and legal actions or claims brought by individuals against companies.
