Commercial litigation is a very broad definition that can essentially incorporate all aspects of business law where disputes have emerged. To tackle this area, Foyen has set up a narrow, clear and supreme principle for assignments we take on: every case is unique and deserves tailored attention. Accordingly, you can count on us telling you when it’s right to fight, and similarly, when it’s best to reach an amicable agreement. We can offer this clarity thanks to our extensive experience and insight of the factors that usually cause disputes.
So how does your problem look and on which side of the table are you sitting? An important element of our experience is that throughout the years, we have represented plaintiffs and defendants in a variety of commercial litigation cases. This gives is excellent insight, regardless of the details of individual cases. Today, we tend to work in three primary areas: various types of creditor cases, disputes related to owner-managed business, and larger complex disputes in the commercial sector – for example: disputes over investments, failed co-operations and company take-overs, as well as issues related to breaches of contract and damage claims. How can we help you?
Foyen represented a Swedish company that had sold its business to a French buyer and a Swedish backer. The French buyer later identified flaws in the acquired business and also claimed that the Swedish courts lacked jurisdiction to rule on the case. Foyen then sued the Swedish backer and the Supreme Court ruled that Swedish courts did indeed have jurisdiction to rule on the case. The parties then reached an out-of-court settlement.
An owner of one of Sweden’s largest entertainment companies claimed that the other owner was guilty of breach of contract under the terms of their shareholder agreement. The accusing owner demanded redemption of one share, which would give him a majority share in the business. The other owner denied the accusations and hired Foyen. The dispute ended in arbitration.
Foyen represented a number of storeowners in a major retail chain. The storeowners wanted to handover their respective businesses to a rival chain. The principal owner of the chain refused, referring to their co-operation agreement that stipulated that he had a right to first refusal. So the storeowners waited for an offer from the principal owner – an offer that never came. The storeowners then accepted the offer they had received from the competitor on the grounds that the principal owner had forfeited his right to first refusal by not making an offer.
The principal owner then sued the storeowners for breach of contract and the case was settled by arbitration, in which the storeowners won and were thereby able to sell to the competitor. However, the offer from the competitor had significantly deteriorated, which prompted the storeowners – assisted by Foyen – to sue the principal owner, on the grounds that his actions had delayed the sales process and resulted in the lower offer. This case also ended in arbitration with the principal owner ordered to pay the difference between the two offers.
It’s about being able to be of assistance in all aspects of the business, from handovers to delivery agreements to acquisitions and damage claims. This is why we have put together a specific team for this field, with lawyers who together offer a virtually unrivalled combination of experience and legal expertise.