Service
consists in assisting a company in the preparation of the resolution of major
commercial disputes from the point of view of the preparation of a friendly
agreement between the parts or of constitution of a solid contentious file
exploitable by its defenders.
The consultants of Storqua do not replace lawyers of the company,
and the service offered does not constitute and cannot be comparable with a
service of arbitration, the consultants of Storqua being limited to assist their
customer, not having any delegation or authority to slice and impose their
solutions on the parts.
The service consists with:
To identify and qualify clearly the litigation,
To draw a picture as faithful as possible of the real situation
object of the litigation by meeting the actors and by consulting available
documentation,
To determine with the customer a defensive or offensive
strategy to deploy during a mediation or an action at law,
To evaluate the undergone damages, by analyzing the
dysfunctions, by identifying the operational causes, responsibilities, correct
measurements, while evaluating the induced costs,
To build a contentious file, by joining together relevant
documentation and while making it easily exploitable,
To prepare an argument
favorable to the company
highlighting the undergone damages and the responsibilities,
To assist, if necessary, the company during the negotiations
preliminary to a friendly agreement
.
Client benefits
Independent analysis by an
operational expert of a litigious situation: determination of objective external
causes and effects and responsibilities,
Establishment of an objective and powerful argument,
Constitution of a solid and exploitable
precontentious file, minimizing
the possibilities of unforeseen response of the other parts.
At the time of the failure of the regrouping of the
information processing systems of 5 banking houses at the date promised by a
data-processing manufacturer who had
committed himself providing an operational service at the end of the annual
exercise, the consultants of Storqua, with the call of the director general of
this last, established the true responsibilities for the supplier, his
partners and the customer in the failure of the project. The relevance of the
argument and the solidity of the file made it possible to avoid the
questioning of the project by the customer and the payment of important
allowances of delay.
Diversion
and counterfeit
Within the framework of a distribution agreement, a company
incorporating the specific technology of a supplier of printing equipment had
diverted with profit without compensating it the patents deposited by the
supplier to design and sell apparatuses using the specific technology which
were marketed to its own
customers. The consultants of Storqua intervened at the request of the
manufacturer and could establish the amount of the damage and document it,
allowed their customer to obtain, in addition to the stop of these practices,
the recovery of the damage.
Crisis
exit
The project of reengineering of the whole of the information
systems of a giant of agro alimentary industry in spite of advance with forced
march of the service company to hold the completion periods inevitably led to
a resounding failure and was likely to generate major counter reference
visible by a whole profession.
Elected by the editor,
Storqua put the parts vis-à-vis their responsibilities, convinced the customer
to open their eyes, to agree to defer to the next campaign the planned launching
date and to allocate the essential complementary resources and the service
company, to finally put interlocutors caring of trades of their customer instead
of their imposing their solutions.
Setting out again on new more solid
bases, this project was concluded with the satisfaction of all the involved
parts
