Practice

Pre-Trial Dispute Settlement

Claim letters and negotiations before litigation are faster, cheaper and often more effective than court proceedings, and for many categories of dispute they are a mandatory stage without which the court will not accept the claim.

Service

What the service includes

For a significant share of commercial disputes the claim procedure is not a box-ticking formality but a mandatory legal requirement, and if it is not followed the court will leave the claim without consideration. But even where a claim letter is not required, well-run negotiations often settle a dispute faster and more cheaply than months of litigation.

We prepare claim letters so that they genuinely work, with an exact calculation of the demands and references to specific breaches rather than general wording. We negotiate with the counterparty, and if pre-trial settlement produces no result, we move on to litigation without losing time, because the necessary evidence has already been gathered.

We also assess separately whether claim work makes economic sense: if the counterparty is clearly insolvent or avoids any dialogue, spending time on negotiations is not always justified. In such cases we honestly recommend going straight to recovery through the courts, observing only the formally mandatory minimum.

What the service includes:

Preparing and sending the claim letter The pre-trial procedure required by law Negotiations with the counterparty Mediation and settlement agreement Preparing for court if no settlement is reached
Clients

Who it is for

The situations clients most often bring to us on this topic.

Companies whose counterparty is not paying under a contract but where dialogue is still possible Businesses that need to comply with the mandatory claim procedure before filing Parties to a dispute who want to preserve their business relationship after settlement Companies that want to assess the prospects of the case before incurring the cost of litigation
Service

How we work

A fixed fee and a clear plan of action, agreed before work begins. The timeframes below are indicative and depend on the complexity of the case.

I

Assessing the dispute

We review the situation and determine whether the claim procedure is mandatory for this type of dispute and which demands are genuinely well founded. Timeframe: 2-3 days.

II

Preparing the claim letter

We prepare the claim letter with an exact calculation of the demands and references to specific breaches of the contract or the law. Timeframe: 3-5 days.

III

Negotiations

If the counterparty is ready for dialogue, we negotiate a settlement, which is often faster and more advantageous to both sides than going to court. Timeframe: 2-4 weeks.

IV

Moving to court proceedings

If pre-trial settlement does not produce a result, we move promptly to court, with the evidence base already prepared. Timeframe: when ready.

Documents

What you will need at the start

We confirm the exact list for your situation at the consultation. This is a guide so that you arrive at the first meeting prepared.

The contract with the counterparty and its annexes Documents confirming performance of obligations (acceptance certificates, delivery notes, correspondence) A calculation of the amount claimed (principal debt, penalty, interest) Previous correspondence with the counterparty on the matter in dispute
Practice

Key figures

Experience in this practice area specifically, not in practice as a whole.

30 days standard time limit for replying to a claim letter Unless the contract or a specific law sets a different period, this is how long you must wait before filing a claim.
Art. 4 Arbitrazh Procedure Code: the mandatory procedure Pre-trial claim procedure is mandatory for most disputes between organisations and entrepreneurs arising from contractual obligations.
2-4 weeks average negotiation period From sending the claim letter to an outcome: either a settlement or the counterparty’s final refusal.
RUB 0 state duty for a claim letter Unlike going to court, sending a claim letter involves no state duty, only the cost of preparing and sending it.
6 related litigation practice areas Claim-letter work is the first step in most of the court disputes we handle.
27 years of practice We have worked on court disputes and pre-trial settlement since 1999.
Practice

Common mistakes

A claim letter in general terms with no calculation. A demand to “pay the debt” with no exact amount, period or reference to the contract is a weak position. It fails to persuade the counterparty and may also be found inadequate for the purposes of the mandatory pre-trial procedure.

Skipping the mandatory claim procedure. If a claim is filed without the pre-trial claim letter that the law requires for that type of dispute, the court will leave it without consideration and time will be lost.

Drawn-out negotiations with a counterparty that clearly does not intend to pay. Sometimes negotiations continue for months with no real result. If the counterparty’s position has not shifted from the start, it is wiser to put that on record and move to court.

Result

What you get

A well-founded claim letter with an exact calculation. A demand that is hard to ignore, with a specific amount and references to the terms that were breached.

Settlement without court where possible. Some disputes are closed at the negotiation stage, faster and without the cost of court proceedings.

A ready evidence base for court. If settlement fails, the materials from the claim-letter work become the foundation of the statement of claim.

The mandatory procedure observed. Your claim will not be left without consideration on a formal ground, because the pre-trial procedure has been followed correctly.

FAQ

Frequently asked questions

In which disputes is the pre-trial claim procedure mandatory?+

It is mandatory for most disputes arising from contractual relations between organisations and entrepreneurs (Article 4 of the Arbitrazh Procedure Code) and is expressly provided for by a number of other laws. If the procedure is not followed, the court will leave the claim without consideration.

How long should we wait for a reply to the claim letter before filing a claim?+

As a general rule, 30 days from the date the claim letter is sent, unless the contract or the law sets a different period.

Is there any point in negotiating if the counterparty clearly does not want to pay?+

Yes. Even the formal sending of a claim letter records your position and often satisfies the mandatory pre-trial procedure, and negotiations sometimes achieve a result where the parties were initially set against each other.

Can we go straight to court, skipping the claim letter, if the law does not require it?+

Formally yes, but in many cases sending a claim letter gets the money paid sooner without the cost of court proceedings. We assess whether it is worthwhile in each specific situation.

Can a claim letter damage the relationship with a counterparty we plan to keep working with?+

A well-drafted claim letter is a business document, not a confrontation. Often it is precisely a clear statement of position that restores normal business relations faster than uncertainty does.

What if the counterparty does not respond to the claim letter at all?+

No reply within the set period is also a result: it confirms that the pre-trial procedure has been followed and allows you to go to court.