Dispute Resolution – Litigation – Arbitration Proceedings

The Dispute Resolution – Litigation – Arbitration group assists in making an early legal assessment through an emerging conflict, providing realistic analysis of chances and risks. The lawyers develop pragmatic conflict resolution strategies and a negotiation approach that represents the clients’ interests, always keeping an eye on the specific business relationship and conflict situation.

When a contentious dispute is unavoidable, the group applies individually tailored procedural tactics to represent the clients’ interests in proceedings before the state courts and arbitral tribunals.

 

We support and represent you through all phases of conflict avoidance and resolution:

 

Conflict avoidance / risk management:
  • Examination, structuring and negotiation of contracts
  • Examination and structuring of individual contractual clauses, e.g. on warranty, liability, termination, choice of law
  • Advice on the choice of conflict resolution mechanisms and the structuring of conflict resolution clauses, inter alia clauses on the places of jurisdiction and arbitration, as well as on agreements with arbitrators

 

Out-of-court dispute resolution / advice regarding negotiated solutions:

  • Expert appraisal of questions concerning commercial law, e.g. in connection with compensation and recourse claims
  • Assessment of the enforceability of own claims and the risk of counterclaims
  • Common definition of realistic goals and the development of negotiation strategies that represent your interests
  • Accompaniment of out-of-court negotiations, either as advisors behind the scenes or as active negotiators

 

Proceedings before the state courts and arbitral tribunals:

  • Representation in all kinds of civil proceedings, including attachment and injunction proceedings and proceedings to secure evidence
  • In arbitration proceedings we act both as party representatives and as arbitrators (inter alia DIS, ICC, ad hoc proceedings)
  • Enforcement of and defence against enforcement measures in Germany and abroad

 

Areas of law:

  • Civil law / general commercial law
  • Trade law
  • Cartel damages
  • Post-M&A / corporate law
  • Real property law / commercial tenancy law
  • Insolvency law
  • Distribution law
  • Product liability / product safety
  • Health care / life sciences

 

Read HERE our current Guidance on securing and enforcing damage claims against cartel members.