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Area 05 / 05

Disputes & debt collection

A dispute or debt is never the goal. We first look for an out-of-court settlement — faster, cheaper, with less operational impact. If a settlement isn't possible, we guide the client through the full litigation or arbitration. Commercial disputes are handled by Marek Poloni, corporate debt collection by David Němeček.

Collection success
~ 82%
Out-of-court
60% of cases
Typical dispute
6–18 mo.
Languages
CZ / EN
01 · About this practice

We don't push anyone into a dispute. We always give the client a truthful assessment of the odds — probability of success in court, estimated duration, costs, impact on business relationships, tax impact. If a settlement is the smarter path, we say so directly. 60% of our dispute engagements end in an out-of-court settlement.

We've split the practice by specialty. Commercial and civil disputes are led by Marek Poloni — 12+ years of transactional law that trained him to quickly orient in a complex contract, find the decisive clause, and build a winning argument. Debt collection pro firmy vede David Němeček — systematic proces od reminders, pre-litigation demand letters, lawsuit a payment rozkaz až po exekuci.

For arbitration, we work with both the Arbitration Court attached to the Economic Chamber and the Agricultural Chamber of the Czech Republic, as well as ad-hoc arbitral tribunals (including international ones under UNCITRAL rules). We actively monitor the suitability of an arbitration clause at the contract drafting stage — it tells us a lot about the speed and cost of any future dispute.

For debt collection we offer a success-based fee on portfolios — a minimum fixed component to cover procedural costs plus a percentage of the amount successfully recovered. We typically achieve a ~ 82% collection rate on portfolios of B2B receivables within 5 years past due.

02 · Two practice streams

Stream A

Commercial and civil disputes

Commercial disputes between companies, contract disputes, liability disputes, professional liability, corporate document disputes, shareholder disputes, arbitration. Representation before courts of all instances.

Led by Marek Poloni

Stream B

Debt collection

Corporate receivables — reminders, pre-litigation demands, payment orders, arbitration, claims in enforcement and insolvency proceedings. Ideal for receivable portfolios as well as individual larger amounts.

Led by David Němeček
03 · What we actually do

Commercial & civil disputes

Contract disputes (B2B and B2C), corporate and investor document disputes, liability disputes, performance quality disputes, damage claims, purchase price reduction claims.

Arbitration

RS HK AK ČR, ad-hoc arbitrations, international arbitration under UNCITRAL. Negotiating and designing arbitration clauses in contracts upfront so we have control over the process.

Out-of-court settlement

Settlement negotiations, mediation, settlement agreements, repayment schedule agreements. We prefer solutions that preserve business relationships when this is strategically advantageous for the client.

Debt collection

A systematic process for individual receivables and full portfolios. Reminders, pre-litigation demands, lawsuits, payment orders. Success-based fee on portfolios.

Pre-litigation demands

Fast, correct, but firm letters — often enough to trigger voluntary payment. Standalone or as the first step of a broader strategy. If nothing happens, we follow with a lawsuit.

Enforcement & insolvency

Filings in enforcement proceedings, insolvency claims, creditor representation in insolvency proceedings, incidental disputes, resolution of creditor priority disputes.

04 · Representative engagements
2024–2025
Commercial dispute between a Czech and a German distributor over the validity of terminating a master agreement — dispute value approximately CZK 24 million. Successful out-of-court settlement negotiated while the lawsuit was being prepared.
Out-of-court settlement
2023–2024
Systematic collection on a portfolio of 18 invoices for a B2B supplier (cleaning services and facility management) — total value CZK 3.2 million, 82% collection rate recovered out-of-court or via payment orders.
Portfolio collection
2023
Arbitration before RS HK AK ČR — dispute over a contractual exit payment in the articles of association. Successful representation of a minority shareholder, payout of the agreed amount including accessory claims.
Arbitration
2023
Liability dispute — representing a developer in proceedings for damages caused by a contractor's construction defect. Out-of-court settlement on payment from the contractor's liability insurance.
Liability
2022
Incidental dispute in insolvency proceedings — representing a creditor (bank) in a dispute over the priority of a claim secured by a pledge. Successful determination of the secured nature of the claim.
Insolvency

A dispute you don't want? A debt you shouldn't have?

Your first 15 minutes of consultation are free. We'll honestly tell you the odds, what each strategy costs, and when it makes sense to litigate vs. settle. For portfolio collection we offer success-based fees.