Contractual & Commercial Disputes
A detailed contract can reduce uncertainty, but it cannot prevent every dispute. Parties may disagree about what was promised, what was delivered, whether circumstances changed, who is responsible for delay or whether the relationship should continue.
In a contractual dispute, the legal position matters. So does the commercial decision that follows: continue the relationship, change it, end it, settle the disagreement or submit it for determination.
Mediation and arbitration can provide structured ways to address both dimensions.
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Common contractual disputes
- alleged breach of contract;
- interpretation of contractual terms;
- non-payment and invoice disputes;
- delay and missed milestones;
- changes in scope;
- quality and acceptance of deliverables;
- early termination;
- responsibility for project failure or loss;
- post-termination obligations;
- confidentiality, data and intellectual property;
- dispute-resolution and arbitration clauses.
Mediation in contractual disputes
Mediation can explore commercial solutions that go beyond a simple monetary award.
Examples may include:
- revised milestones;
- completion or replacement of deliverables;
- payment arrangements;
- revised scope;
- extended support;
- orderly termination and transition;
- allocation of future responsibility;
- transfer of information, documentation or IP.
Where both parties still have a business interest, this flexibility can be valuable.
Arbitration in contractual disputes
Many commercial contracts contain a dispute-resolution mechanism. Where an arbitration clause exists, its wording and scope should be reviewed carefully.
Even without an existing clause, parties may in appropriate cases agree to submit a dispute to arbitration after it arises.
Technology contracts
Software, SaaS, integration, cloud and cybersecurity agreements often involve disputes where the contractual question is inseparable from the technical context.
Was a requirement included in scope? Did the system meet the agreed specification? Who was responsible for integration? Was a change request part of the original work? Who was responsible for access controls, backups or incident response?
Understanding the terminology and technical environment can make it easier to identify what is genuinely in dispute.
Cross-border agreements
English-language contracts frequently involve parties in different jurisdictions.
Before choosing a process, it may be necessary to consider governing law, jurisdiction, arbitration clauses, seat, language and enforcement issues.
Mediation can still provide a practical route to settlement where legal positions span more than one jurisdiction.
Related Services
Is a commercial agreement now in dispute?
Send a brief description of the relationship and the issue, together with the names of the parties, to start with a conflict check.
Call 054-2591002