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Disputes and public law

Banking & Capital Markets Litigation

Disputes arising from banking agreements, credit facilities, collateral, guarantees and financial transactions usually turn on a body of specialised documents and regulations. These cases require an understanding of the structure of the transaction, the contractual basis of the obligations and whether the institution’s actions comply with the applicable rules. Ghazaal Majdzadeh Legal Practice advises and acts in banking, finance and capital markets disputes, focusing on a careful review of the documents and a clear litigation strategy.

Services

In financial disputes, the legal analysis must go hand in hand with the contract and the figures

Credit facility disputes

The terms of the facility, how obligations were performed and disputes over repayment.

Collateral and guarantees

Disputes over mortgage deeds, guarantees and other security obligations.

Challenging enforcement and auctions

The legal basis of enforcement steps and whether they can be challenged.

Calculating claims and debts

The basis of the calculations, the financial records and whether the claim matches the contract and rules.

Capital markets disputes

Legal issues around brokerage services and contractual relations between market participants.

How does the review of a banking case begin?

The facility agreement, amendments, security documents, statements, notices and enforcement records are the key documents for a first assessment.

How we work

From the contract and the figures to a litigation strategy.

Documents

Agreement, security, statements and notices.

Checking the figures

Whether the claim matches the contract and the rules.

Strategy

Choosing between negotiation, a formal objection or court action.

Follow-through

Pursued to the outcome with regular reporting.

Banking litigation: FAQ

Can the calculation of interest, penalties or a bank debt be challenged?

If there is an objection to the calculation or to the contractual or legal basis of the claim, it can be examined. The facility agreement, amendments, statements, payments made and the relevant regulations must be reconciled with one another.

Can a bank recover a debt without going to court?

Where a document or agreement qualifies by law as directly enforceable, recovery may proceed through the registry enforcement office or other statutory mechanisms. The procedure and the debtor’s defences depend on the type of document and the governing rules.

Can a bank enforcement order or an auction be challenged?

Yes, where there is a legal basis, objections to the enforcement order itself or to enforcement steps may be brought. Where to object, what to ask for and the deadlines depend on the nature of the objection and how enforcement is being carried out.

Is the guarantor of a bank facility liable for the borrower’s entire debt?

The guarantor’s liability depends on the type of guarantee, the contract terms and the applicable rules. The guaranteed amount, the obligations covered and the conditions for claiming against the guarantor all matter.

Which body hears disputes between capital market participants?

That depends on the type of dispute and the capital market regulations. Certain professional disputes between persons subject to Iran’s Securities Market Act follow dedicated procedures, so jurisdiction should be checked before any claim is filed.

What documents are needed to review a banking case?

The facility agreement, collateral and guarantee documents, bank statements, proof of payment, notices and enforcement papers are the key documents. The exact list depends on the type of dispute and the stage it has reached.

In a dispute with a bank or financial institution?

Send a short outline; Dr Majdzadeh reviews it personally.

This page is general information, not legal advice. The answer in any particular matter depends on its own documents and circumstances.