Litigation and Arbitration

 

Experience is the basis for the successful resolution of commercial conflicts. In tailor-made teams, we develop the optimal negotiation and litigation strategies. We also advise and support our clients on extrajudicial settlement attempts prior to litigation.

 

Dr. Vanessa Pickenpack

Partner

Telephone: +49 221 2091 334
Telefax: +49 221 2091 333

vanessa.pickenpack@oppenhoff.eu

Current topics of litigation and arbitration
Lecture content

This lecture covers the current topics of litigation and arbitration jurisprudence and legislation at any time.

Target group

Specialists, legal practitioners in general, managing directors

Duration

45 - 60 minutes

Exclusion of the German law regulating T&Cs through the agreement of an arbitration clause?
Lecture contant

The lecture elucidates the possibility of validly excluding the German law regulating T&Cs through the agreement of a place of arbitration for disputes arising from the respective contractual relationship.

Target group

Legal practitioners, people without legal expertise, managing directors

Duration

Flexible

CISG – to be agreed or excluded?
Lecture content

It has become standard practice to exclude the applicability of the CISG in international contracts for goods. We explain under which circumstances it is worth agreeing on the CISG and when it is indeed better to contract it out.

Target group

Legal practitioners, people without legal expertise, managing directors

Duration

Flexible

The accelerated procedure pursuant to ICC Rules – contract out or apply?
Lecture content

The ICC Rules, which entered into force on 1 March 2017, provide for an accelerated procedure for so-called "small claims" up to a claim value of USD 2 million. This procedure is applicable automatically unless expressly excluded by the parties. Consequently, the decision for or against the procedure should already be reached at the time of concluding the arbitration agreement. The lecture presents the advantages and disadvantages of the accelerated procedure and facilitates the decision-making process.

Target group

Legal practitioners, people without legal expertise, managing directors

Duration

Flexible

The D&O liability process
Lecture content

This lecture provides a general overview of the liability requirements and the peculiarities of the liability process.

Target group

Legal practitioners in general, people without legal expertise

Duration

60 - 90 minutes

The competitive process in the healthcare sector

Lecture content

This lecture provides a general overview and explains strategies for the competi-tive process in the healthcare sector.

Target group

Legal practitioners and people without legal expertise working in the healthcare sector

Duration

Flexible, minimum 60 minutes

Compensability of fee-based lawyers’ costs in arbitration proceedings?
Lecture content

In arbitration proceedings, lawyers’ costs above and beyond the statutory fees can be compensable. We inform you of the current jurisprudence, prerequisites for a reimbursement of fee-based costs and the strategic implications.

Target group

Legal practitioners, people without legal expertise, managing directors

Duration

Flexible

Structuring of jurisdiction clauses
Lecture content

Particularly in cross-border cases, the place of jurisdiction frequently plays an underestimated role in disputes. The lecture elucidates legal possibilities and boundaries as well as the strategic implications of jurisdiction agreements.

Target group

Legal practitioners

Duration

ca. 60 - 120 minutes

Structuring conflict resolution clauses
Lecture content

Disputes do not always and exclusively have to be resolved in court. The lecture provides an overview of alternative conflict resolution possibilities and the structuring of conflict resolution clauses.

Target group

Foreign legal practitioners and people without legal expertise

Duration

Flexible, depending on customisation (cf. explanation)

Structuring of arbitration clauses
Lecture content

The lecture answers the most important legal and strategic questions concerning the structuring of arbitration clauses, for example:

  • What are the requirements for an arbitration clause?
  • When is it advisable to choose an arbitration clause?
  • In which cases or under which circumstances it is unadvisable?
  • What selection and structuring options are open?
  • What is the significance of the place of arbitration?
  • What are the differences between ad hoc and institutional arbitration proceedings?
  • How do the institutional proceedings differ from one another?
  • What cost aspects have to be borne in mind?
Target Group

Legal practitioners

Duration

Flexible, depending on customisation (cf. explanation)

Cartel damage proceedings

Lecture content

The lecture handles the most important aspects of the topic cartel damages (inter alia the limitation period, evidence, disclosure obligations, pass-on, etc.). In this connection it also provides an overview of legislative changes within the scope of the 9th Amendment of the German Act Against Restraints of Competition (9. GWB-Novelle).

Target group

Specialists, legal practitioners in general, people without legal expertise, managing directors

Duration

90 - 120 minutes

Enforcement of collective claims in Germany

Lecture content

What possibilities of collective legal protection are available in Germany? The bundling of proceedings, the German Capital Markets Model Case Act (KapMuG) and the aspirations of the legislator are topics covered by this lecture.

Target group

Legal practitioners in general, people without legal expertise

Duration

45 - 60 minutes

Post M&A – disputes after a corporate acquisition
Lecture content

The lecture provides an overview of the dispute scenarios of a corporate acquisition, possible dispute resolution procedures, arbitration agreements and proceedings, multiparty arbitration proceedings, cost aspects, etc.

Target group

Legal practitioners, people without legal expertise, managing directors

Duration

60 - 120 minutes

Arbitrability of disputes over deficiencies in corporate resolutions
Lecture content

The lecture addresses the problems and approaches for structuring arbitration clauses on deficiencies in resolutions as well as for conducting corresponding arbitration proceedings.

Target group

Legal practitioners working in corporate law

Duration

60 minutes

Arbitration proceedings in Germany

Lecture content

The lecture answers legal and strategic questions on arbitration proceedings in Germany, for example:

  • What is the typical course of arbitration proceedings?
  • What are the advantages and disadvantages of arbitration proceedings vis-à-vis proceedings before state courts?
  • What costs can be expected?
  • What is the difference between ad hoc and institutional proceedings?
  • How do the institutions and their rules differ from each other?
  • According to what criteria should arbitrators be chosen?
  • How is an arbitral award enforced?
  • Are interim measures before state courts still permissible in case of an arbitration agreement?
  • How flexibly can the arbitration proceedings be structured and what are the sensible structuring possibilities?

Target group

Legal practitioners

Duration

Flexible

Proceedings before the German civil courts

Lecture content

The lecture is aimed at legal practitioners and people without legal expertise who have “no experience in court”. It provides an overview of civil proceedings before the German courts, in particular of the jurisdiction of German courts, the relevant procedural provisions and principles, the typical course of court proceedings, the permissible evidence, the costs of proceedings and the reimbursement of costs, the possibilities of appeal and the enforcement of judgements.

Target group

Legal practitioners in general, people without legal expertise

Duration

Flexible

Enforcement of arbitral awards

Lecture content

How are arbitral awards enforced? What do you need to bear in mind? These and further questions are answered in this lecture.

Target group

Legal practitioners

Duration

30 - 60 minutes