Litigation

Representation before courts in commercial, corporate and contractual disputes.

We represent companies, shareholders and directors in disputes before the civil courts, the administrative courts and the superintendences that exercise judicial functions. We litigate under the General Procedural Code (Law 1564 of 2012) and the Code of Administrative Procedure (Law 1437 of 2011).

Before filing suit we assess with the client the likelihood of success, the cost, the timing and the alternatives of negotiation or conciliation. When litigation is the right path, we prepare it with the evidence, the interim measures and the procedural strategy defined from the first filing.

We handle shareholder disputes before the Superintendence of Companies, unfair competition and consumer protection cases before the Superintendence of Industry and Commerce (SIC, the competition and consumer authority), and contractual and tort liability proceedings before the ordinary courts.

What we do

  • Declaratory proceedings for breach of contract, rescission and damages.
  • Enforcement proceedings to collect on negotiable instruments and contractual obligations, with requests for attachment and other interim measures.
  • Shareholder disputes: challenges to shareholder and board resolutions, abuse of voting rights and piercing of the corporate veil before the Superintendence of Companies.
  • Liability actions against directors, officers and statutory auditors.
  • Unfair competition and consumer protection cases before the SIC in its judicial capacity.
  • Contractual and tort liability, including product liability.
  • Annulment actions and contractual disputes against public entities.
  • Constitutional injunction (tutela) actions and defense of the company against tutelas filed against it.
  • Pre-suit conciliation as a procedural requirement and negotiation of settlement agreements.
  • Recognition and enforcement of foreign judgments in Colombia (exequatur).

Questions we answer

  • How long can a breach of contract case take and how likely am I to recover what I claim?
  • Can I attach my debtor's bank accounts before the judge rules on the merits?
  • How do I challenge a shareholders' resolution that the majority shareholder approved for its own benefit?
  • Can I be sued as general manager over a business decision that went wrong?
  • Is conciliation mandatory before filing a lawsuit?
  • How do I enforce a judgment issued in another country in Colombia?

Sectors

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