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Commercial disputes
Advising on contractual, shareholder, partnership, supply and other commercial disputes across sectors.
Practice Areas
Dispute Resolution,Arbitration & Litigation
Clear strategy under pressure
A dispute is a commercial problem before it is a legal one, and the strategy should reflect that from the outset.
Our disputes practice
Resolving commercial disputes with judgement.
Paraphoenix Solicitors advises businesses, investors and other stakeholders on commercial disputes, including negotiation, mediation, arbitration and litigation.
Our starting point is the client's commercial objective. In some matters that means resolving quickly and quietly; in others it means establishing a position firmly and holding it. The chosen route should follow from the objective rather than the reverse.
We assess the merits candidly, identify the practical and evidential position early, and advise on the realistic range of outcomes, cost and time before committing to a course of action.
Key capabilities
What we advise on
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Arbitration
Advising on institutional and ad hoc arbitration, including procedure, evidence, hearings and post-award steps.
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Litigation
Representing and advising clients in proceedings, including case strategy, pleadings, evidence and hearing preparation.
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Negotiated settlement and mediation
Supporting structured negotiation, mediation and settlement, including the terms on which a matter is concluded.
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Contract and project claims
Advising on claims arising under commercial, energy and project contracts, including variations, delay and termination.
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Urgent and interim relief
Advising on urgent steps required to preserve a position, assets or evidence while a matter is resolved.
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Enforcement and recovery
Advising on enforcement of judgments and awards and on practical recovery strategy.
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Dispute avoidance
Advising on contract drafting, escalation mechanisms and early intervention intended to prevent disputes from escalating.
How we approach a dispute
Strategy before procedure
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Assess
Establishing the facts, the contractual position, the evidential picture and the client's commercial objective.
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Strategy
Advising on the realistic outcomes, the appropriate forum and the route most likely to achieve the objective.
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Position
Establishing the client's position clearly through correspondence, pleadings or submissions as appropriate.
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Resolution
Pursuing settlement, arbitration or proceedings with disciplined preparation and case management.
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Enforcement
Taking the practical steps required to give effect to a settlement, judgment or award.
Arbitration
Choosing and running the right forum
Arbitration is often selected for cross-border commercial relationships, but its value depends on how the clause was drafted and how the process is run.
We advise on the design of dispute resolution provisions at the contracting stage and on the conduct of arbitral proceedings where a dispute has arisen, including procedural strategy, evidence and post-award steps.
Throughout, we keep the focus on the commercial objective and on the cost and time actually required to reach it.
Selected disputes capabilities
- Merits assessment and early case analysis
- Dispute resolution clause design and review
- Pre-action correspondence and strategy
- Evidence gathering and witness preparation
- Arbitral procedure and hearing management
- Settlement negotiation and documentation
- Interim and protective measures
- Enforcement and recovery planning
Cross-border disputes
Disputes that span jurisdictions
Cross-border disputes raise questions of forum, applicable law, evidence and enforcement that need to be addressed from the outset. Paraphoenix can act as the central legal point for Nigerian aspects of such matters and, where appropriate, coordinate with carefully selected independent local counsel and professional advisers in other jurisdictions.
We focus on maintaining a consistent strategy across jurisdictions and on ensuring that steps taken in one forum support, rather than undermine, the client's position elsewhere.
Sector perspective
Our disputes work supports clients across the sectors in which the firm advises, with particular attention to contract-intensive and regulated environments.
Related perspective
Read practical perspectives on the legal and commercial developments affecting business in Nigeria and across borders.
Integrated support
Bringing the relevant disciplines together
Mandates in this practice frequently engage other areas of law. Depending on the matter, our Dispute Resolution, Arbitration & Litigation practice works alongside the firm’s other practices so that clients receive a coherent view of the issue rather than fragmented advice.
Why Paraphoenix
Candid assessment
We give a realistic view of merits, cost and outcome before a course of action is committed to.
Senior involvement
Contentious matters receive close senior attention, with clear accountability throughout.
International experience
Our experience of multinational environments informs our approach to cross-border disputes.
Clear execution
We emphasise disciplined preparation, careful advocacy in writing and responsive communication.