Deciding whether a dispute belongs at the negotiating table, in mediation, in arbitration, or in court — and seeing that path through to the end.
Not every dispute needs to be resolved in court. The right question is: what's the fastest, lowest-cost way to collect what you're owed?
In commercial litigation, time is the most expensive line item. That's why the first step in most strategies is securing the other party's assets through an interim injunction or precautionary attachment — otherwise a case you win may turn out to be uncollectible.
Before filing suit, SBP Legal provides a written risk analysis covering the likelihood of winning and of actually collecting; from there we run mediation, arbitration or litigation through to the end.
What we do in this area
Pre-litigation risk analysis
A written assessment covering the state of evidence, limitation periods, collectability, and estimated time and cost.
Commercial claim and contract litigation
Representation in negative-declaration actions, objections to enforcement, damages claims, and termination/rescission disputes.
Interim injunctions and precautionary attachment
Freezing assets and placing injunctions on bank accounts and real estate.
Mediation
Managing the mandatory mediation process for commercial disputes and preparing an enforceable settlement document.
Arbitration
Representation in ISTAC and ICC arbitration proceedings, and recognition and enforcement of arbitral awards.
Enforcement and bankruptcy
Enforcement proceedings with and without a judgment, composition-with-creditors processes, and protecting creditors' rights.
Does this page speak to your situation?
If any of the following applies to you, now is the time to talk:
- A customer keeps delaying payment and collection risk has emerged.
- A lawsuit has been filed against you and you need to build a defense strategy.
- You've received a mediation invitation and don't know what to do.
- Your contract has an arbitration clause and the process needs to be initiated.
Frequently asked questions
Is mediation mandatory in commercial litigation?
For commercial claims and damages claims involving payment of a sum of money, mediation is a mandatory precondition — a lawsuit filed without first going to mediation is dismissed on procedural grounds. Voluntary mediation can still be chosen for disputes where it isn't mandatory.
What is precautionary attachment, and when is it sought?
It's a temporary protective measure that can be obtained before litigation or enforcement, against the risk that a debtor will hide assets, for a monetary claim that is due and not secured by a pledge. A security deposit is usually required. If enforcement isn't initiated within the statutory period after the order is granted, the attachment lifts automatically.
What's the limitation period for commercial claims?
The general rule is ten years; but for certain claims such as rent, interest and periodic payments it's five years, and for special relationships such as carriage and insurance it can be shorter. Limitation isn't applied by the court on its own motion — the other party must raise it — so the time calculation should be done at the very start of the case.
This page was last updated on 20.07.2026. Content is for general informational purposes and does not substitute for legal advice.