Disputes are often unavoidable in business. Where appropriate, we support our clients in the extrajudicial defence or enforcement of claims and conduct mediation or arbitration proceedings to settle disputes. However, if court proceedings are desired or unavoidable, we support our clients throughout all stages of the proceedings and both in the regional, national and international arbitration courts. In addition, we have an ongoing cooperation with a renowned lawyer at the Federal Court of Justice.
HOW CAN WE BE OF ASSISTANCE?
The practice group brings together the expertise of a group of lawyers with various different areas of specialisation and experienced mediators. Be it questions concerning conflict prevention, the choice of the correct procedure or the development of litigation strategies – our advice covers all aspects of conflict management for the successful settlement of disputes.
Should legal proceedings be desired or unavoidable, we are able to assist clients in all instances before the German state courts with an interdisciplinary team and our cooperation with a renowned lawyer at the Federal Court of Justice. We take care of all aspects of process management, from communication with insurance companies to financing and public relations. We help our clients to prepare for the proceedings, work through the facts, evaluate the prospects of success, assess the cost risks and make concrete recommendations for action. We always keep the option of an amicable settlement in mind. In addition, we monitor and evaluate the outcome of pre-trial or parallel trials, as well as the development of the case law; secure evidence; obtain expert opinions; and oversee internal investigations. To this end, in close cooperation with our clients, we also work with qualified experts, PR consultants and detectives. We support legal proceedings abroad in cooperation with experienced colleagues from our international network of law firms.
Range of services
- Proceedings before all state district, regional and higher regional courts, including independent proceedings for the taking of evidence, proceedings for injunctive relief, collection proceedings as well as enforcement proceedings
- Proceedings before the administrative courts in trial proceedings and in appeal proceedings before the Federal Administrative Court, as well as in proceedings before the Federal Constitutional Court
- Proceedings before all state labour, social and finance courts
- Dealing with the entire process management (e.g. communication with insurance companies and experts, preservation of evidence, process financing, public relations) Support in legal proceedings relating to foreign countries through close cooperation with our international network of law firm
Arbitral tribunals are becoming increasingly popular for conflict resolution in international economic disputes or complex disputes in the national arena, on account of the possibility of a different negotiating language, the flexibility of the procedure, the specialisation of the arbitrators and the lack of publicity. In an international context especially, the choice of an arbitration procedure may even prove to be mandatory due to the secured enforceability of arbitral awards.
In post-M&A disputes, shareholder disputes, commercial disputes, real estate projects, and in product liability cases, as well as in areas of plant construction, the energy industry and mobility, we are the competent advisors assisting our clients at every stage, from the arbitration agreement to the enforcement of the arbitral award. We achieve the enforcement and defence of claims and the sustainable resolution of disputes through analyses of opportunities and risks, including clear identification of the prospects of arbitration, forward-looking support in the constitution of arbitration courts and representation before national and international arbitration courts. Our experts are very well-versed with all current arbitration rules (ICC, LCIA, Swiss Rules, Vienna Rules, UNCITRAL and of course DIS). After the arbitration proceedings have been concluded, we effectively enforce the arbitral awards won both nationally and internationally environment, if necessary in cooperation with our international law firms network.
Of course, we also act as arbitrators in various proceedings. Our clients benefit from our experience in this capacity when it comes to developing an optimal and forward-looking strategy.
Range of services
- Design of individually optimized and effective arbitration agreements
- Conducting national and international arbitration proceedings
- Handling the entire process management and representation, including the selection of the best arbitrators for each case
- Activity as arbitrator
EXTRAJUDICIAL DISPUTE RESOLUTION (MEDIATION AND CONCILIATION)
In conflicts in which the parties are dependent on continuing their cooperation, e.g. disputes with suppliers or other cooperation partners, disputes within a company or differences of opinion among shareholders or heirs, so-called alternative dispute resolution procedures such as mediation and arbitration are a good choice. This form of dispute resolution is geared to the interests of both parties and strives for a “win-win solution”.
The proceedings are characterised by voluntary participation of the parties and autonomous conflict resolution. They are accompanied by an independent and neutral person, the mediator or the conciliator. The mediator moderates and structures the process but, unlike the conciliator, does not submit his own proposals for solutions. These are developed by the conflict parties themselves; if successful, this can lead to greater acceptance of the solution reached. Further advantages of mediation and arbitration are confidentiality, as the proceedings are generally not conducted in public, as well as the time and cost advantages compared to court proceedings and arbitration proceedings.
Good results can be achieved in particular in projects related to the public sector, such as construction and infrastructure projects. Here, mediation can be integrated into the complex procedures of admission and approval procedures and significantly increases acceptance among all those involved.
Range of services
- Identification of conflicts suitable for extrajudicial conflict settlement and support in the choice of the correct proceedings
- Preparation of the procedure, selection of suitable mediators or conciliators, drafting of the mediation or conciliation agreement
- Legal support of the parties in national and international mediation or conciliation poceedings
- Mediator or conciliator in commercial disputes and in the public sector
Relevant areas of practices for Dispute Resolution