Business Law

Setting up or dissolving a company or association, negotiating contracts, shareholders in disagreement, a director facing liability, a business in financial difficulty, opposing unfair commercial practices, or a consumer discovering a latent defect in a purchased vehicle: these are just a few examples of situations in which business law plays a central role.

Business law is present at every stage of a company's life and concerns everyone involved: entrepreneurs, directors, shareholders, independent service providers and commercial partners, as well as consumers and private individuals who deal with businesses.

Business law does not only protect companies themselves; it also governs the rights and obligations between companies and their clients, suppliers and commercial partners. Consumers too regularly face legal questions concerning purchases, warranties, latent defects or contractual disputes with businesses.

In these situations, guidance from a specialist business lawyer can make all the difference.

What is Business Law and What Can a Lawyer Do?

Business law encompasses company law and a great deal more. It covers all the legal rules applicable to businesses, ranging from the incorporation and organisation of a company to commercial contracts, market practices and businesses in difficulty.

Throughout the life cycle of a company, important legal decisions arise for which expert guidance is essential.

The relationship between businesses and consumers also forms part of business law. Consumers enjoy protection when purchasing goods and services, whilst businesses need clear contractual arrangements and legal certainty. Balanced legal guidance takes both interests into account.

FAIRWAY advises and assists clients in all aspects of business law, including:

• incorporation of companies and choice of the appropriate legal form;
• drafting, reviewing and negotiating contracts;
• advice on directors' liability and assistance in proceedings;
• guidance on mergers, acquisitions and restructurings (M&A);
• advice, assistance and representation in disputes involving shareholders or directors;
• support in cases of financial difficulty, insolvency and judicial reorganisation;
• commercial, distribution and cooperation agreements;
• advice and assistance to businesses AND consumers in contractual disputes;
• advice on consumer protection, warranties and latent defects;
• …

Business law today rarely stops at national borders. International collaborations, foreign contractual partners, cross-border transactions or disputes concerning international jurisdiction and applicable law require legal guidance that is attuned to the complexity of the international context.

Were you aware that associations and non-profit associations can also fall within the scope of business law? Just like businesses, they too face legal questions concerning governance, liability, contracts, internal disputes and organisation.

Who Can Benefit from a Business Lawyer?

A business lawyer is of value to anyone who runs a business or who is professionally active in economic life. This applies equally to the self-employed person wishing to incorporate a company, the director facing a liability issue, the shareholder in conflict with fellow shareholders, and to businesses that are growing, restructuring, merging or being acquired.

In matters of commercial contracts, commercial collaborations or businesses in difficulty, legal guidance is generally essential. Consumers and private individuals, directors and shareholders who face a legal dispute in a commercial context also need the support of a specialist lawyer.

FAIRWAY'S business lawyer offers both preventive legal advice and assistance in concrete disputes, always with due regard for the legal, human and economic reality of each party involved.

Mediation and Alternative Dispute Resolution

Not every business dispute needs to end up in court proceedings, quite the contrary. In many situations, mediation or another form of alternative dispute resolution can offer an efficient, constructive and sustainable solution.

At FAIRWAY, we are partners in law and mediation and our team of accredited mediators, trained collaborative negotiators and experienced arbitrators assists businesses, shareholders, directors, consumers and other parties involved when a balanced solution outside the courtroom is appropriate. This can be particularly valuable when preserving relationships and maintaining confidentiality are important and a swift resolution is sought.

We combine legal expertise with knowledge and experience in mediation and other forms of alternative dispute resolution.

Want to Know More?

Anyone with legal questions concerning business law is welcome to contact FAIRWAY. We listen, analyse and defend your interests with expertise and many years of experience.