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Resolution of corporate disputes

Under corporate disputes, it is customary to consider disputes that arise in a business company and concern all its participants, as well as bodies responsible for control and management. Such disputes are among the most difficult cases in which the participation of specialists is important.

Assistance in the process of resolving these disputes is directly related to the jurisdiction of the cases (the arbitration court) and the guarantee that all court decisions will be executed (filing a claim in court, interim measures, execution of court decisions).

However, they also note the possibility of pre-trial settlement of corporate disputes. In this case, you should pay attention to certain rules prescribed in the Ukrainian legislation. We are talking about signing a settlement agreement between the two parties.

Kasyanenko & Partners Law Company specialist will help clients resolve disputes in a pre-trial manner, taking into account favorable conditions for each client.

But it is not always possible to resolve a corporate dispute by peaceful means, and you often have to file a lawsuit in court. Therefore, it is important to know exactly which court to apply to. Sometimes an individual acts as one of the subjects of this dispute, so it is decided to file a claim in the courts of General jurisdiction. However, do not forget that a corporate dispute refers to economic conflict situations, so you need to apply to economic courts.

To correctly determine the subject of the dispute and decide which authority to apply for help, it is recommended to consult with the specialists of Kasyanenko & Partners Law Company. Lawyers will help resolve a difficult situation and tell you what to do next.

Kasyanenko & Partners Law Company experts offer the following services relating to corporate disputes:

  • prepare and collect all necessary evidence on the disputed issue;
  • weigh the odds and develop a strategy for resolving a corporate dispute in court in the direction of their client;
  • submit a claim to the courts-economic or general jurisdiction;
  • preparation and submission of an application for interim measures;
  • assistance during pre-trial resolution of disputes;
  • if the deadline is missed, the specialist submits a request to restore the application deadline;
  • active participation in the trial process, first, appeal, and cassation instances;
  • registration and filing of an appeal against the decision made by the court of first instance;
  • registration and filing of a cassation application;
  • registration and submission of an application for re-examination of judicial acts in the order of supervision;
  • support of the client during the re-registration of the share in the authorized capital in the presence of a notary.

Very often, corporate disputes are classified in the same category as external disputes. Although the latter relate to corporate activities, they are not included in the category of corporate disputes. These conflicts are considered economic and are submitted for consideration only in economic courts.

However, all cases are considered on an individual basis. Therefore, sometimes external disputes can be called corporate, since they are directly related to internal operations that take place in the enterprise.

Dmytro Kasyanenko

Lawyer, managing partner of the Kasyanenko & Partners Law Firm. Since 2002, he has gained extensive legal experience in key positions in business structures and the public sector in the field of law and finance.

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