Put the agreement and events in order
A commercial dispute starts with the signed deal and its amendments, not a preferred forum. Gather orders, schedules and incorporated terms, then date delivery, payment and correspondence. Mark what both sides accept, what one side alleges and what still needs proof. Check which entity signed each order and who accepted a later change. Bring delivery receipts, site records and payment instructions into one chronology, but label an unverified recollection as such. If there are several contracts, do not assume a single clause controls every claim.
Keep originals and context
Preserve emails with attachments and headers, original messages, invoices, inspection records and meeting notes. A screenshot or excerpt can omit the surrounding agreement. If a file is missing, record the gap rather than reconstructing it as if it existed. Restrict access without overwriting evidence. Keep dated read-only copies with a custodian, original file path and capture method. Preserve a complete chain of correspondence and its attachments. Note which records are in Arabic or need translation, and identify any system or employee likely to lose access soon.
Test the contract’s route
Bring governing-law, notice, negotiation, mediation, court and arbitration clauses to Kuwait-qualified counsel. Deadlines may depend on the contract and current procedural rules. Organizing a tidy file must not delay a time-sensitive notice or response. The cheapest-looking route may be unsuitable once evidence and enforcement are considered. Counsel should compare each contract version with where the parties, assets and performance actually sit. Note any pre-action correspondence and a live response date. Decide who is authorized to speak for the business while settlement and formal routes are assessed.
Compare remedy and cost
Build a simple ledger of sums paid, work received, alleged loss and outstanding obligations, with sources for each number. Ask counsel which facts affect settlement or claim choices. A proposed compromise also needs clear payment, release and future performance terms. Neither time nor outcome can be guaranteed by a general article. Keep principal, fees, credits and disputed deductions on separate lines. Distinguish direct evidence of loss from projections. Before agreeing a compromise, specify when payments fall due, how any continuing supply will work, who releases which claims and what happens on non-payment.
Working file for counsel
- Executed agreements, incorporated terms, variations and signatories.
- Original correspondence, acceptance and delivery evidence.
- Dated timeline separating common ground from disputed claims.
- Notice, route and response timing questions.
- Document-backed claim schedule and settlement authority.
Related advice: dispute resolution and commercial and corporate.