DISPUTE PREVENTION AND RESOLUTION
In addition to the services traditionally provided by the civil and commercial litigation area, our firm offers our clients a strategy of Dispute Prevention and Resolution, giving priority to prevention methods, some of which are mentioned below, and to dispute resolution, with a much broader scheme that does not only involve the judicial process. Based on the above, civil and commercial litigation will be the last resort, prioritizing the following services:
A) Design of Contentious-Preventive Legal Audits.
The main objectives of these audits are i) the review of contracts and agreements to detect potential risks of present or future controversies; ii) review of the forms in which the company documents its securities and credit operations; iii) the review of current litigation cases that our clients have in order to issue an objective opinion as to the manner in which they have been conducted and the expectations of the ruling in order to be able to suggest the best way to negotiate or conclude the proceedings in a more efficient manner for the client; and iv) the review of activities and/or factual situations that could lead to a dispute to the detriment of the client, in order to recommend the best way to deal with the contingency; among others.
B) Alternative Dispute Resolution (ADR).
In the event that a dispute cannot be avoided, we consider it important for our clients to be aware of the range of ADR available under our legislation in order to choose the best option for resolving a dispute.
C) Commercial Bankruptcy.
The bankruptcy process is a tool for individuals and companies to face an economic contingency, either to negotiate with their creditors the payment of debts under better conditions or to conclude the process with the sale of the company’s assets in an orderly and legal manner. We consider it important to promote knowledge of this process among our clients as a business ally for the company in times of crisis.
The experience of Basham’s litigation area in this area is the result of many years of work and allows us to advise and represent our clients, both preventively and in the corresponding legal proceedings, sponsoring the debtor company or sponsoring the creditors.
We offer, among others, the following services:
- Entering into and performing commercial transactions with companies subject to bankruptcy proceedings.
- Recognition, determination of grade and priority of credits.
- Separation of assets in bankruptcy proceedings.
- Preparation, approval and execution of bankruptcy agreements.
- Sale and acquisition of assets of bankrupt companies.
- Recognition and enforcement of guarantees.