Dispute resolution

To quote writer Jean-Paul Franssens: "Only with the best of friends can you afford to have a huge quarrel". In business it sometimes turns out to be difficult to resolve disputes among one another, and that leaves the path open to (out of) court adjudication. ICT disputes are often settled by arbitrators, judges or expert opinions, intellectual property disputes by courts in interlocutory proceedings. These instances have advantages and disadvantages for everyone in procedural, expertise and financial terms. But they all have in common that the judgement (or binding opinion) are by definition associated with a risk of losing, and mostly with the end of a business relationship. So litigation is best avoided. But that is not always possible. You do not have to put up with breaches of contract or statutory rights (e.g. copyright or privacy rights), but that in itself does not justify you getting tough and filing suit straightaway. On the other hand, it may happen that, even though you're prepared to settle, you get dragged into court and held liable anyway, with or without good reasons.

Van Eeckhoutte can give you sound advice beforehand on the ins & outs of the procedure, the chance of winning and the strategy to be adopted. We will discuss the claims or the defence with you in detail and then run the procedure with appropriate energy, knowhow and acumen. In urgent cases, an interim injunction is often the way forward. On average, these take less than 3 months and the legal costs mostly run to between €6,000 and €15,000. Substantive proceedings can last around eighteen months and cost about twice that amount depending on the scope and complexity of the case and the procedure.