Defense strategy in the face of a judicial guardianship suit
- ضياء البرنس محمد علي - المحامي
- 23 أغسطس
- 3 دقيقة قراءة
In a lawsuit to appoint a judicial guardian against a company of any type, it must be proven that the reasons for appointing a judicial guardian are not present, such as:
No disruption to normal business operations.
There should be no imbalance of power between partners that would harm the company.
Prove that the request to appoint a judicial guardian is merely a means to harm the company or the other partner.
Prove that the claim is merely a means of defense.
Strong arguments must be presented regarding the soundness of the business and the lack of justification for appointing a judicial guardian, while emphasizing that the rights of the partner for whom the guardian is sought can be protected by other, less harmful means
First: The reasons for the opponent’s request to appoint a judicial guardian
It is important to understand the legal basis for requesting the appointment of a judicial guardian. Common reasons include
Management dysfunction:
The presence of severe and persistent disagreements between partners leads to paralysis in the workflow and the ability to make decisions.
Company negligence:
Gross negligence by a partner in managing the company's affairs, exposing it to danger or serious losses.
Threat of serious harm:
There is a real threat to the rights of the company or the interests of other partners as a result of the behavior of one of the partners.
Second: Drafting the response and submitting arguments to the court to reject the lawsuit
1.
Provide evidence that the company's business is continuing normally and that management is performing its duties to the best of its ability.
Provide evidence that the partner filing the lawsuit has fulfilled his duties and rights as a partner, and that there has been no disruption to the company's operations caused by the other partner.
2.
Make it clear that any disagreements that exist are normal between partners and do not amount to disrupting business or threatening the interests of the company.
Prove that the company has internal mechanisms, or that they are stipulated in the articles of association, to resolve disputes, and that the partner filing the lawsuit did not first resort to these mechanisms.
3.
Point out that a limited liability company is a capital company with limited liability, and that appointing a judicial guardian is not the best solution for resolving disputes between two partners.
He explained that appointing a judicial guardian is an exceptional measure that is only resorted to when there is an imminent danger threatening the continuity of the company or the rights of the partners.
4.
Prove that the partner filing the lawsuit is acting in bad faith, and that his lawsuit is a means of harming or blackmailing the company or the other partner.
Provide evidence that the partner filing the lawsuit initiated the dispute or caused the problems, which demonstrates bad faith in requesting the appointment of a judicial guardian.
5.
If possible, suggest alternative solutions to resolve disputes, such as arbitration, negotiation, mediation, or the dispute resolution mechanism provided for in the articles of association.
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