Contract & Commercial Disputes
Commercial disputes are usually decided by what the contract says and what the parties actually did. We advise on the strength of a claim before you commit to it, and we conduct the case where a deal has broken down.
What this covers
We act in disputes over supply and distribution agreements, service contracts, agency and joint ventures, construction and works contracts, and commercial arrangements generally: breach, termination, non-payment, and claims for performance or damages.
Reading the deal as it really is
The written contract governs, but conduct matters: variations agreed informally, invoices accepted without objection, and long-standing practice between the parties. We build the case on the documents and the course of dealing together.
Remedies and forum
Depending on the contract and the loss, the remedy may be payment, damages, specific performance, or termination and recovery. Where an arbitration clause governs, the dispute belongs in arbitration rather than court, and we deal with it there.
What helps
- The contract and any variations, purchase orders or side letters
- Invoices, delivery records and payment history
- The correspondence, particularly around the breach
- A clear note of what was promised and what actually happened
Where it is heard, and how long it takes
Commercial claims go to the civil courts with jurisdiction, or to arbitration where the contract so provides. A contested commercial suit commonly runs a year or more; arbitration is often, though not always, faster. Interim relief to preserve the position can be sought early in either forum.
Read the contract and the conduct
We assess the written terms and what the parties actually did.
Check the forum
We confirm whether the dispute belongs in court or in arbitration.
Pursue settlement where sensible
Commercial disputes often settle better than they litigate, and we say so when that is true.
Litigate or arbitrate
Where it must be fought, we conduct it and seek interim protection where needed.
Common questions
Our contract has an arbitration clause. Can I still go to court?
Generally not for the merits. The clause usually has to be honoured, and filing a suit instead can get it stayed or dismissed. Courts can still assist with interim relief.
The agreement was only verbal. Do I have a claim?
Possibly. A contract need not always be written, but proving its terms is much harder. Invoices, messages and the conduct of the parties become the evidence.
Should I terminate the contract?
Be careful, because a wrongful termination turns you from claimant into defendant. Take advice on the termination clause before you act on it.
Resolve a commercial dispute
Assessed honestly, then pursued in the right forum.
