As an entrepreneur, you know that sometimes it may be necessary to enforce your rights by resorting to legal proceedings.
This may be the case when a contract partner defaults on its contractual commitments or when your contracting partner gives a different interpretation to the contract than the one you had envisaged.
You may also be faced with a successor of a contracting partner, whereby a conflict arises as a result of the legal succession. Sometimes, you may find a third party attempting to prejudice your legal position.
If you are operating in international trade, this type of conflicts may arise abroad, and you may find yourself facing foreign courts of law, whereby the dispute is settled under a foreign law.
This is why it is important to lay down the framework in observance of which any prospective disputes are to be settled when concluding any kind of agreement. Also, careful attention must be given from the outset to the applicable law.
Everest has an international team with people having different legal backgrounds and is able to assist its clients in court proceedings, arbitrations and mediations in English, French, German and Dutch.
Insofar as no conflicts of interest arise, lawyers of Everest can act as arbitrators and/or mediators.
Arbitration and Mediation
Disputes do not necessarily need to be decided before state courts.
There are alternative types of dispute settlement such as arbitration and mediation.
Arbitration will be the most appropriate method of settling disputes, especially when concluding a contract with a foreign party, as it gives both parties the certainty that their dispute will not end up being decided before the state courts in the country of their contracting partner, but by a neutral third party. Moreover, the parties largely have the possibility to determine how the arbitration should be organized.
Thus, they can agree in advance on the number of arbitrators, appoint themselves one or more arbitrators, and jointly agree upon the place and language of the arbitration as well as on the applicable law.
Everest can assist and represent its clients in domestic and international arbitrations in Belgium and abroad.
Mediation can be foreseen in addition to court proceedings or in addition to arbitration, but also independently thereof.
Even if a dispute is already pending before a court of law or an arbitration tribunal, the parties can still agree to go to mediation.
Everest has all the necessary expertise to assist clients in drafting a dispute settlement clause, which may involve arbitration and/or a mediation clause.
Everest can assist its clients in mediations in Belgium and abroad.
Everest can also assist and represent its clients to conduct proceedings before a state court and to request accompanying measures from state courts regarding an arbitration, such as an attachment.
Once a court judgment or an arbitral award has been obtained, Everest can also assist with its enforcement or setting aside before state courts.