A commercial claim is a business-to-business demand for money or performance. Good preparation can improve the clarity of your position, whichever forum eventually hears it.
This guide outlines the preparation steps that apply to many claims.
Define the claim
State the contractual or legal basis, the amount claimed and how it is calculated. Break the amount down into principal, interest if claimable, and other losses, and be ready to show the numbers.
Compile the evidence file
- Signed contract and amendments
- Purchase orders, delivery notes and acceptance records
- Invoices, statements of account and payment history
- Correspondence including reminders and acknowledgements of debt
- Any expert or technical reports
Anticipate the response
Consider what the other side will argue: defective performance, set-off, different terms or lack of authority. Identify weaknesses early so they can be addressed or reflected in settlement positions.
Forum and time limits
Check the contract's dispute clause and whether any pre-action steps apply. Limitation periods must also be checked. See dispute resolution options.
Demand and negotiation
A well-prepared demand letter can prompt resolution. Keep it factual and consistent with your documents.
Costs and proportionality
Consider the likely costs against the amount claimed and the debtor's ability to pay.
How a consultation can help
A consultation can organise the file, test the claim's strengths and outline procedural steps. Filing and appearing in proceedings are done by licensed advocates or other authorised professionals, and no outcome can be promised.
Frequently asked questions
Can I claim interest on a commercial debt?
In some cases, depending on the contract and the law. Check how interest is dealt with in your agreement.
Does a signed statement of account help?
It can be useful evidence of the amount owed, together with underlying documents.
Should I involve the other side's management?
Sometimes, but be careful about what is said and keep records.
Related guides and services
- Contract Dispute Consultation in the UAE
- Unpaid Invoices and Commercial Debt in the UAE
- DIAC Arbitration in Dubai: What to Know Before You Start
- Disputes & Arbitration – all guides
- Commercial Litigation Support
- Debt Recovery
General information only. Please read our Legal Disclaimer.