Bellerage

Is a pre-trial claim necessary?

Is a pre-trial claim necessary?

For certain categories of disputes, it is obligatory to file a letter of claim before court procedures.

For example, out-of-court resolution procedures will have to be followed in disputes concerning modification and termination of contracts, communication services contracts or violation of exclusive rights.

During arbitration process, a pre-trial claim is also submitted when there is a request of monetary reimbursement under transaction or as unreasonable gains. However, there are exceptions to this rule: for instance, pre-trial procedures will not be required in corporate disputes, bankruptcy cases, fact-finding cases (for example, the fact of owning real estate) and some other categories.