All conflicts are different.
Ideally, conflict resolution begins long before a dispute arises. We make sure that your contracts are drafted with foresight, clearly defining rights and obligations, with a view to significantly reducing conflict potential and risks.
We use the appropriate conflict resolution mechanisms to ensure that matters are settled as early, quickly and cost-effectively as possible and we advise you on how to structure your contracts to avoid disputes.
Many disputes can be avoided from the outset or successfully settled amicably out of court. We support you by realistically analyzing the opportunities and risks, providing you with clear recommendations for action. Together, we develop pragmatic conflict resolution strategies and negotiation approaches that represent your interests, never losing sight of the concrete business relationship and the conflict situation.
Where disputes are unavoidable, we represent your interests in proceedings before the state courts and arbitration tribunals, delivering convincing arguments and individually tailored litigation tactics.
We assist and represent you in all phases of conflict avoidance and conflict resolution:
Conflict avoidance / risk management:
- Examination, drafting and negotiation of contracts
- Examination and drafting of individual contract clauses, e.g. on warranty, liability, termination, choice of law
- Advice on the choice of conflict resolution mechanisms and drafting of conflict resolution clauses, including jurisdiction and arbitration clauses as well as arbitrator agreements
Out-of-court dispute resolution / advice on negotiated solutions:
- Appraisal of commercial law issues, e.g. in connection with claims for damages and recourse
- Assessment of the enforceability of your own claims and the risks of opponents’ claims
- Joint definition of realistic goals and the development of negotiation strategies that represent your interests
- Support in out-of-court negotiations, either as consultants in the background or as negotiators
Litigation before the state courts and arbitration tribunals:
- Representation in all types of civil proceedings, including attachment proceedings, injunction proceedings and proceedings to secure evidence
- In arbitration proceedings we act both as party representatives and as arbitrators (e.g. DIS, ICC, ad hoc proceedings)
- Enforcement and defense against the enforcement of titles at home and abroad
Dispute Resolution – Litigation – Arbitration Proceedings16.08.2023 Newsletter
On 18 April 2023, the German Federal Ministry of Justice [Bundesministerium der Justiz, BMJ] published the key issues paper on the modernisation of German arbitration law. The planned reform aims to adapt arbitration law to current needs and thereby strengthen the attractiveness of Germany as an arbitration location. To implement this goal, the BMJ proposes twelve concrete reform projects.
IT Law and Data Protection / Dispute Resolution – Litigation – Arbitration Proceedings05.05.2023 Newsletter
In its judgment of 4 May 2023, the ECJ (C-300/21) clarified that a non-material claim for damages under data protection law requires proof of specific and causal harm. A materiality threshold for claiming damages in national law is not permissible. The procedural rules for the judicial assess-ment of damages are governed by national law. What partly sounds self-evident has so far been decided inconsistently by German courts and has led to much discussion in the legal literature. Until now, it has been unclear when a non-material claim for damages exists under the GDPR. However, further legal questions on damages remain open.
Corporate Law / Mergers & Acquisitions / Employment Law / Tax Law / Antitrust Law and Merger Control / IT Law and Data Protection / Dispute Resolution – Litigation – Arbitration Proceedings28.06.2022 News
Oppenhoff has extensively advised the long-established Munich-based bank August Lenz & Co. AG on the sale of its Payment Services division to Raisin Bank AG. With this acquisition, Raisin Bank is expanding its business areas as a banking-as-a-service provider further.