Commercial disputes in Bosnia and Herzegovina - Areas of professional involvement
Commercial disputes are disputes in which both parties are legal entities. These include disputes from mutual relations of economic subjects, disputes from mutual economic subjects and legal entities, and disputes between domestic legal entities and foreign entities arising from their mutual economic relations. In disputes for establishing or not certifying a contract, for the purpose of executing or terminating a contract, and in disputes for compensation of damage due to non-execution of a contract, jurisdiction as to place will have the court where, according to the agreement of the parties, the defendant is obliged to execute the contract.
Commercial Courts of Bosnia and Herzegovina are the
first instance courts competent for disputes arising in connection with commercial business,
such as:
• in disputes between domestic and foreign companies, enterprises and
their associations (business entities), in disputes arising between business entities and
other legal entities in the performance of activities, and when, under certain conditions,
in the above disputes one of the parties is a natural person
• in disputes
arising from the application of regulations on the organization and status of business
entities, as well as in disputes on the application of the regulations on
privatization
• conducting the procedure for the registration of enterprises,
other legal entities and entities in the court register
• conducting the
procedure of forced settlement and bankruptcy and liquidation proceedings
As far as
the Federation of BiH is concerned, economic departments were established in Municipal
Courts.
Economic departments were formed in Municipal Courts in Bihac, Orasje, Tuzla,
Zenica, Gorazde, Travnik, Mostar, Siroki Brijeg, Sarajevo and Livno.
In commercial
cases, these municipal courts have jurisdiction as to place for the entire Canton area. BiH
has no commercial courts.
Municipal courts have been concentrated as commercial courts
in commercial disputes and those are the aforementioned courts located in the cantonal seats
and they have jurisdiction as to place for the entire Canton.
The second instance court in this case is the cantonal
court of that canton.
In the Republic of Srpska, the first instance courts
with economic departments are basic courts in the seat of district courts (Trebinje,
Bijeljina, Banja Luka, Sokolac, and for the Brcko District, this is the Basic Court of the
Brcko District, which is a total of 16 economic departments in BiH.
Commercial
disputes that may arise between business entities represent a particular challenge for our
law office. Thanks to the tactical skills, knowledge and experience acquired by the previous
thirty years of work, success in such commercial disputes is at an enviable level.