Disputes and public law
Commercial disputes can arise from breach of contract, late performance, unpaid invoices or conflict between business partners. The right response depends on the nature of the contract, the documents, whether the claim can be proved and the commercial impact of each step. Ghazaal Majdzadeh Legal Practice in Tehran advises and acts in contractual and corporate disputes, from the first assessment through negotiation, litigation or settlement.
Services
Reviewing each party’s obligations and pursuing claims for non-performance, delay or defective performance.
The legal and contractual grounds for ending a contract or treating it as void, and the consequences.
Whether contractual damages can be claimed, the basis of liability and the remedies the parties agreed.
Assessing the documents and choosing the right route to recover sums due under transactions and contracts.
Disputes between partners and shareholders, directors’ liability and internal company conflicts.
Identifying ambiguity, revising high-risk terms and designing clear performance and dispute mechanisms.
First the documents, obligations, governing rules and the client’s objectives are reviewed. Options such as negotiation, a formal demand, arbitration or court action are then weighed for their legal effect, cost and the prospect of a practical result.
How we work
The contract, correspondence and available evidence.
Legal basis, proof and deadlines.
Comparing negotiation, a formal demand, arbitration or litigation.
Pursued to settlement or to judgment and enforcement.
No. A right to terminate must have a legal or contractual basis, and not every breach creates one. The nature of the obligation, the seriousness of the breach, the contract terms and whether performance can be compelled all need to be considered.
First, the contract, the performance records and the correspondence should be reviewed to establish the nature of the breach and what can be claimed. Depending on the circumstances, a formal notice, a demand for performance, negotiation or proceedings can then be considered.
In some circumstances, performance can be claimed together with damages for delay. This depends on the nature of the obligation, the wording of the contract, the basis of the damages and the applicable rules, and should not be confused with claiming damages instead of performance.
Contracts do not generally need a notarised deed to be valid, unless the law requires a particular formality. Even so, whether an agreement is valid and can be proved depends on the nature of the transaction, the legal requirements and the available evidence.
A penalty clause (vajh-e eltezam) is an amount or compensation mechanism the parties usually agree in advance for a breach. Other losses may be claimed under the law or the contract, and how the two interact depends on the wording of the agreement.
A formal notice is not required in every dispute, but in some cases it matters for making a demand, documenting a legal position or satisfying a contractual condition. Whether one is needed depends on the law and the contract.
A valid arbitration agreement may prevent a court from hearing the merits of a dispute it covers. However, the clause’s validity, scope and enforceability, and any court measures that remain available, must be assessed separately.
The choice between arbitration and court in international commercial contracts should be made before signing, weighing enforcement, confidentiality, cost and legal limits.
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This page is general information, not legal advice. The answer in any particular matter depends on its own documents and circumstances.
