People enter into contracts every day with other people and companies or corporations, sometimes without even registering mentally that they are doing so.
Contracts do not have to be in writing. Many ‘everyday contracts’ are verbal.
Regrettably contract disputes happen all the time and with some goodwill on both sides are often settled amicably. If you are not so lucky, getting legal advice early in the process can often save you a lot of time and expense and with the right help your contract dispute can often be settled through negotiation, mediation or arbitration.
If all else fails, one of our legal team, a litigation lawyer specializing in contract disputes, can help you with Court proceedings.
How can the Orion law office help you?
The law office cannot get involved at the start of ‘everyday contracts’ like buying a product in a shop or booking an airline ticket or hotel, until things go wrong but our lawyers can help with written contracts which cover many scenarios, obligations and important conditions such as terms of payment, delivery of goods and services.
Getting it right at the start:
Drafting your contract:
Our legal team’s lawyers can help by drafting the terms of your contract in such a way as to minimize the chances of future disputes relating to the interpretation of the contract itself or how disputes should be resolved when the party you contract with fails to comply with his/hers/its obligations.
All our lawyer needs is for you to provide the main ‘heads of agreement’ you require. Your lawyer will ask questions of you to ensure you have covered all the eventualities, and he/she will do the rest ensuring that your requirements are covered, that the terms are ‘fair and reasonable AND that the terms comply with Thai law or the laws in the country where you would like the contract to be enforced if things go wrong.
Contract Review Service:
As a relatively small or new business enterprise, you may already be using a standard form of contract which you have drafted yourself or downloaded from the internet or adapted from a contract used in a similar business.
As a more established business you may be proposing to enter into a contract which has been drafted by the other party’s lawyers.
Once again, the law office can help you to minimize future contract disputes by ensuring that all eventualities are considered, that the terms are ‘fair and reasonable’ and enforceable in the Thai Courts or elsewhere, if things go wrong.
Take advantage of our FREE 30-minute initial consultation to see where you stand.
When things go wrong:
Contract disputes arise when one party to a contract (for goods or services) does not perform his/her or its obligations under the contract or when there is a difference in opinion over the interpretation of the contract terms. The most common types of contractual dispute occur over sale or hire of property, goods or services; loans and mortgages; partnerships and joint ventures and agency or brokerages agreements but there are many more types of contracts.
How can the our lawyers help you:
Our Law Office Team can advise you, and if required, present you with a number of options set out below.
When contractual disputes occur, the parties in dispute have a number of options to resolve the dispute. The first option which is usually explored is to resolve the dispute through negotiation. If negotiations are not successful then the parties may either decide to take their dispute to a mediator, an arbitrator or to court. Mediation and arbitration are generally quicker and cheaper options than going to court.
Mediation and arbitration are similar processes except that in arbitration both parties contractually agree to be bound to the decision of the arbitrator whereas in mediation they do not agree to be boundby the mediator’s decision but the mediator will make his/her best efforts to help the parties reach a settlement.
In both mediation and arbitration, the disputing parties will identify and agree upon a mediator / arbitrator who will then examine the details of the case including the evidence and the relevant contracts and laws. As well as being cheaper and quicker than legal proceedings, mediation and arbitration are also more confidential and therefore less damaging to the parties’ reputation and offer more protection to the confidential information of the parties, in dispute.
If negotiation, mediation and arbitration are not successful then the wronged party may have no choice but to take legal action to receive compensation. Acts which break a contract and cause damage to a third party may also be wrongful acts under other existing laws. The wronged party must therefore consider whether to take legal action over the breaking of the contract, the nature of the act itself or both.
Orion Law Office lawyers are experienced at supporting and representing clients in all stages of contract disputes from analyzing and providing an objective opinion on the strength of a client’s position in the dispute to representing the client in negotiations and legal proceedings where necessary.
