Commercial litigation refers to the process of resolving business disputes in court. This legal field addresses conflicts arising from various commercial relationships, including those between several businesses or between businesses and individuals. The scope covers a range of issues such as breaches of contract, partnership disputes, intellectual property rights violations, and employment disagreements. Through litigation, parties seek to enforce or defend their rights under the law, aiming for resolutions that protect their interests.
Commercial arbitration is a subset of an Alternative Dispute Resolution (ADR) process, which may also include mediation. Generally, it is a process where litigants agree to settle disputes outside of traditional courtrooms, turning instead to a neutral third party – an arbiter or mediator – to make a binding decision. The process is governed by a set of rules agreed upon by both parties and can often lead to a faster resolution than the lengthy court litigation timelines. Arbitration is versatile and applicable to a wide range of commercial issues, from contract disputes to intellectual property matters. For businesses looking for a more private, expedient way to resolve conflicts, commercial arbitration presents an attractive alternative to the often more rigid court system.