What is Commercial Litigation? This question may have been asked many times but the answer to this question can vary depending on the lawyer or law practitioner that you are dealing with. A good lawyer can explain it in great details, while a novice lawyer may not be very much aware of what commercial litigation is all about.
What is commercial litigation? In simple terms, commercial litigation is the legal process of commercial disputes between business parties. The term commercial is defined as’related to, used for, or exchange of goods or services’. Commercial disputes may include a clash between a retail shop and a franchise owner over the right to sell cold drinks in the summertime in front of the school children. It may also relate to a franchisee who has a retail outlet in a shopping mall but whose franchise contract allows him to sell hot dogs out the front window.
So, what is commercial litigation all about? In most instances, this legal process will be initiated by an owner or an operator who is dissatisfied with the performance of his business. The objective of commercial law litigation is to achieve an appropriate outcome by means of a court case, through arbitration or mediation or by selecting alternative dispute resolution. It is very important that the business owners or operators take note of the fact that they have to hire a commercial law firm for commercial law litigation. Commercial law litigation firms are experienced in dealing with different business issues and they know how to deal with all kinds of scenarios.
In most of the commercial litigation cases that I have dealt with in the past, the disputes were not between a local retailer and a national retail chain but between a small local businessman and a national franchisee. There were many other disputes that involved a franchise. A common scenario in commercial law litigation is between a developer and a property-owning group. Sometimes the disputes that I have seen have been between a local business owner and a franchisor which he has partnered with. However, in most of the cases I have dealt with, the dispute has revolved around whether a business activity is taking place in conformity with the planning laws of a particular state. I must emphasize that commercial law is an extremely broad area of law and you should seek the advice of an attorney who is well versed with this specific area of commercial law.
Whether you are a small business owner or a large multinational corporation, there are many things that you need to keep in mind while going through the process of commercial litigation. The first thing that you need to look out for is whether there are any problems with the law of that particular state where the dispute is taking place. Some jurisdictions will allow you to litigate in whichever state you want and some jurisdictions will not. You need to ensure that you understand the legal implications of the law of the state where you intend to litigate before taking the case forward.
Another important aspect of what is commercial litigation is the requirement of evidence. There are different standards of evidence required for a commercial dispute, depending on the jurisdiction. For instance, in a small claims court case, evidence would not be as important because the plaintiff’s lawyer will be able to show you the damages incurred but the defendant will not be able to prove that the damage was the result of their activity. This makes it very difficult for the defendant to establish the liability. On the other hand in a big claims court case, evidence will be essential because if the defendant can prove that you acted in a negative manner, it is likely that they will win the case.
One more important aspect of what is commercial litigation is the involvement of corporate attorneys. If you happen to be dealing with a complex commercial matter, you will require the services of an attorney who is well versed in commercial law. Most of the corporate attorneys I deal with work exclusively on a contingency basis, which means that you do not have to pay any money before your case is settled. Therefore, you can save a lot of time and money by having a corporate lawyer representing your interests instead of engaging in a lengthy litigation process on your own.
Essentially what is commercial litigation is nothing more than a way to obtain financial compensation for the injuries that you have sustained as a result of another person’s negligence. Many people think that it involves outrageous cases involving car crashes or workplace injuries, but it can also involve situations where you have been injured due to poor product manufacturing practices or even poor advertising techniques. No matter what is commercial litigation, you will eventually get the justice that you deserve. Thus, you should hire an experienced attorney to represent your best interests when you are dealing with a commercial law case.