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Your business relationships

Resolve disputes or end the relationship

Settle disagreements through negotiation, mediation, arbitration or in court, and end contracts cleanly.

04

Your business relationships

Explore the four phases of your business relationships’ lifecycle.

Scroll on, or turn the needle yourself, and see what clients ask us along the way. Anything that catches your eye? Click that part of the circle to dive in.

  1. 01 Find and select partners Run or answer a tender, and check partners and suppliers before you commit.
  2. 02 Contract Clear contracts for SaaS, services, distribution, supply and licensing, with your IP and data covered.
  3. 03 Perform and manage Keep your contracts working as your business changes: renewals, changes, deadlines and audits.
  4. 04 Resolve disputes or end the relationship You are here Settle disagreements through negotiation, mediation, arbitration or in court, and end contracts cleanly.

04 — Resolve disputes or end the relationship

What clients ask us

Can we end this contract, and what does it cost us?

Check the termination clause first: fixed term, notice period, termination for convenience or for cause, and any fee. Without a right to end it, you may only terminate for a serious breach, and wrongful termination exposes you to damages. Indefinite contracts can generally be ended with reasonable notice, but exclusive distribution carries compensation rules. Send a written, correct notice and take advice first.

Is mediation or arbitration better than going to court?

It depends on what you need. Mediation is quick, confidential and keeps the relationship intact, but it only works if both sides want a deal. Arbitration gives a private, binding decision by chosen experts and a final outcome, but costs can be significant. Court offers a public, enforceable judgment and interim measures. Check whether your contract already imposes a route.

How do we get our data, code or IP back at the end of a relationship?

The answer is mostly in the contract: return or deletion of data, handover of code or deliverables, assignment of IP, and transition help. Without such clauses you have only general law. For cloud services the EU Data Act gives customers switching rights. Agree an exit plan at signing, as it is hard to obtain after a dispute starts. Personal data must also be returned or deleted under the GDPR.

Someone registered a domain name with our brand: how do we get it back?

First secure evidence: your trademark rights, the registration date, how the name is used and any offer to sell it. A letter sometimes suffices; otherwise there are fast procedures such as the UDRP, the URS, and the .be and .eu procedures, plus court action. The right route depends on the facts, and a weak complaint can backfire. We prepare complaints and defend holders accused wrongly.

What should we do first when a dispute with a partner starts?

Do not escalate in writing before you know your position. Collect the contract, amendments and correspondence, set out the facts and check notice requirements, deadlines and any dispute clause. Preserve evidence. Limitation periods apply, so do not wait too long. Often a structured conversation or a formal notice resolves it. Take advice before you suspend performance or terminate.

Which court or law applies if the other party is abroad?

Look at the governing law and jurisdiction clauses first. Within the EU, parties may choose a court, and judgments generally circulate between member states. Outside the EU enforcement is harder, and arbitration awards are often easier to enforce thanks to the New York Convention. If the contract is silent, EU rules decide. Settle jurisdiction before the dispute, not during it.

Where do we sue for patent infringement in Europe?

You can go to national courts, or for European and unitary patents to the Unified Patent Court, which can give decisions covering several member states. A UPC action brings speed and breadth but also risk, since revocation can affect the patent across all those states. Choosing a forum is a strategic decision, taken after weighing your patent’s strength and the opt-out option.

Can a penalty or liquidated damages clause be enforced?

Generally yes, but under the Civil Code a court can reduce a penalty that is manifestly disproportionate to the actual loss. Clauses are best set at a realistic estimate of the harm, and linked to a clear trigger. Review them in both directions: they can protect you as a customer, and limit what you can claim. Notice and formal default may be needed before the penalty applies.

How do we end a relationship cleanly and protect confidential information?

Check which obligations survive termination: confidentiality, IP, non-compete, payment and data return. Agree a handover, final invoicing, return or deletion of confidential material and a short transition, ideally in a settlement or exit agreement. Revoke access to systems and update public references and trademark licences. Written confirmation of what has been returned protects you later.

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