“Dispute From the Inside” — an expert series by attorney Wojciech Bokina on corporate disputes

Injunctive Relief in a Corporate Dispute. Why the First 48 Hours Decide Everything

Corporate Disputes · Practical Guide

In a corporate dispute, the outcome is often decided not by a judgment issued years later, but by an order issued in the very first days. This is about securing a claim.

It can halt a resolution, freeze shares, or strip an opponent of control over a company, before they can present the other side with a fait accompli. Below you’ll find a practical guide to what injunctive relief means in corporate matters, which methods are available, and why speed of reaction often matters more than the content of the lawsuit itself.

If you’d rather watch and listen to a condensed version, we cover the whole topic in the episode above, part of our educational video series “Dispute From the Inside.”

Why Injunctive Relief Often Decides the Dispute

A corporate dispute is, to a large extent, a race to lock in a given state of affairs. A resolution takes effect, a new management board starts acting, and business decisions trigger legal and financial consequences that are hard to reverse later. If any such step isn’t stopped in time, it can take years to undo.

The Basics of Injunctive Relief

To obtain injunctive relief, you need to substantiate two things: the claim itself and a legal interest in obtaining the injunction. Substantiating is a lower bar than proving; it’s enough to show that the claim is credible.

Importantly, a motion can be filed even before the lawsuit itself is brought; when granting the injunction, the court then sets a deadline for filing the actual claim. Injunction proceedings are handled quickly, usually without the other party’s involvement, which gives the element of surprise.

Common Methods of Injunctive Relief

The catalog of available methods is open-ended, and the court tailors them to the claim. In corporate disputes, five methods are most common:

Injunctive Relief and the Company Registry (KRS) Entry

There’s a common belief that once a final entry is made in the National Court Register (KRS), “nothing can be done anymore.” That’s not true. Courts have granted injunctive relief even after such an entry, including by prohibiting the exercise of rights attached to contested shares or the use of rights that were granted.

Limits. When Injunctive Relief Goes Too Far

As a rule, injunctive relief cannot amount to satisfying the claim itself, although for non-monetary claims, typical of corporate disputes, courts have wider latitude here. Some methods are simply not permitted at all: for instance, you cannot appoint a curator for a partnership for the duration of the proceedings, since a partnership has no corporate bodies, and such a measure would be contrary to the law.

Timing and the Element of Surprise

A motion for injunctive relief can be filed before the lawsuit and is often decided very quickly, frequently at a closed session, meaning the other side only learns of the order once it’s already in force. This shifts the balance of power in negotiations: once relief has been granted, the parties are far more likely to sit down at the table.

Three Cases From Practice

I discuss the following cases in detail in the “Dispute From the Inside” episode. Each illustrates a different dimension of injunctive relief; anonymized, but real.

The Most Common Mistakes With Injunctive Relief

🟠 Reacting too late. A motion filed after a resolution has already been implemented, or after irreversible effects have occurred, is a much harder case than one filed before facts on the ground are created.

🟠 An imprecise method of injunctive relief. The court needs to know exactly what to order or prohibit. A vague request to “secure the situation in the company” isn’t enough.

🟠 No clear timeline or evidence. Speed matters, but fast doesn’t mean chaotic. A well-organized set of facts often determines whether the motion is credible.

🟠 Ignoring meeting formalities. Defective powers of attorney, a poorly prepared attendance list, or an imprecise minutes document are often used to block resolutions.

🟠 No plan for the main proceedings. Injunctive relief is temporary. You need to know from the outset which lawsuit will support it.

Summary

In corporate disputes, injunctive relief isn’t an add-on to the lawsuit, it’s often its single most important part. It determines whether we stop unfavorable changes before they become irreversible, and from what position we enter negotiations. The key comes down to three things: choosing the right method of injunctive relief, strongly substantiating the claim and the legal interest, and acting fast.

This article is for general informational purposes only and does not constitute legal advice or an opinion on any individual case. We recommend consulting a lawyer for specific matters.