Litigation, Arbitration, Conflict Management
The representation of clients in litigious disputes has been one of the central focal points of our firm’s legal practice for decades. We were involved in complex commercial disputes long before “dispute resolution” became the catchword it is today. We thus have unusually far-reaching experience in litigation, both before the state courts as well as in arbitration proceedings. Our lawyers combine outstanding legal know-how with strategic tactics and the commitment to win.
Disputes do not usually arise without prior warning. We thus already advise our clients in the preliminary stages of a conflict. We clarify the facts, subject them to a legal evaluation, and assess the chances and risks for our client in the event of a dispute. On this basis we develop a tailored strategy, together with the client, for conflict avoidance, amicable settlement or targeted escalation - depending on the client’s particular individual interests. We also advise on any existing insurance coverage and the possibilities of financing the legal proceedings.
Strategic Initial Consultation, Conflict Management
We have particular expertise with regard to threatening legal disputes with an international dimension. In such cases we provide comprehensive advice on the applicable law and the international competence of the courts. We explain the process and peculiarities of proceedings before the German courts to our international clients, so as to enable them to make an informed decision as to the further course of events.
In particular conflict situations mediation proceedings may be advisable, in order to avoid a further escalation of the dispute and to find an extra-judicial solution. Our lawyers have considerable experience in mediation proceedings, both as representatives of the parties and as mediators. They assist the conflicting parties in finding individual solutions to the dispute, often outside the usual beaten paths. This approach can be particularly effective in the event of shareholder disputes, and may lead to a permanent resolution of the situation.
Effective and Successful Representation before the Courts
Successful litigation not only requires an excellent command of the relevant legal area – this is merely the starting point. Proceedings are determined by clever strategic planning and persuasive powers. Our lawyers are masters in the art of presenting complex situations clearly and graphically and playing to the strengths of their parties – both in written briefs and in convincing appearances at oral hearings. This approach has earned us an excellent reputation at the courts.
We conduct proceedings in practically all areas of commercial law. We place a special focus on corporate law disputes, complex contractual and liability disputes - including disputes relating to damages under cartel law, disputes subject to banking and capital markets law, manager liability suits, disputes following corporate acquisitions, employment law disputes and disputes with executors, insolvency administrators and in cases concerning the professional liability of tax advisors and lawyers.
In cases involving cross-border disputes, we can offer profound specialist know-how in the field of international civil procedure law, enabling us to advise our clients both on the choice of a suitable international legal venue and also on all potential chances and risks involved with conducting litigation abroad. If proceedings are to be conducted abroad, we ensure our clients receive the best possible advice and support from our partners from other jurisdictions.
Besides our work as procedural representatives, we are also retained as second experts or trial observers for the purpose of providing an early and reliable evaluation of the chances, risks and developments in pending or ongoing proceedings. Such evaluation can be used as a basis for strategic decisions and for adjusting the future course of action in accordance with the risk findings.
Waves of Law Suits, Model Proceedings, Systematic Litigation
We are one of the top addresses in Germany for “systematic litigation”, i.e. mass proceedings, class-action lawsuits and model proceedings. Over the past few years we have successfully, dealt with numerous waves of law claims numbering hundreds and thousands of cases.
In addition to the professional logistics and comprehensive handling provided by our firm, we can also offer clients the advantages deriving from decades of experience of the German legal landscape. This knowledge enables us to control the timing and locality of waves of law suits - and the defence thereof - in such way as to achieve the best possible precedence decisions. This can shape the entire further course of proceedings.
Precisely in the areas of banking and finance law, but also when dealing with damages claims under cartel law, our clients are often subject to many of the same conflicts. We thus deal with these efficiently and successfully, whilst nevertheless always paying due regard to the particular aspects of the individual case.
We have particular expertise with respect to model proceedings under the Capital Investor Model Proceedings Act (Kapitalanlegermusterverfahrensgesetz). Our lawyers already acted in an advisory capacity during the creation of the law, and since then have conducted various successful proceedings under the KapMuG. Moreover, our lawyers continue to influence the further development of the law by means of academic articles, particularly in the relevant legal commentaries.
International Procedural Law, Cross-Border Proceedings, Private International law (Law of Conflicts)
Disputes with an international connection may conceal particular risks. Often there is already disagreement as to the relevant applicable law; there may also be a dispute as to which country’s courts have jurisdiction. The jurisdiction of the courts may in turn influence the law applied. Both questions can – also reciprocally – determine the further course of the dispute.
Very few lawyers have specialist expertise in the relevant, often complex, questions of international private law or international civil procedural law – and only very few can thus protect their clients effectively from these very specific risks. Our firm traditionally places a particularly high value on this area of law, which is regarded as particularly difficult amongst lawyers; several of our litigation lawyers hold professorships and teaching posts in this field at renowned universities.
However, this know-how not only benefits our clients in terms of risk limitation, it also gives rise to numerous possibilities - such as drafting contracts with the aid of legal provisions from another jurisdiction, or in cross-border disputes in which the international aspect offers scope for a new and - for the opponents - unexpected line of argumentation. When dealing with cross-border situations, we have long-standing successful working relationships with partner firms in other jurisdictions.
Not only are we frequently retained by clients to act as party representatives in national and international arbitration proceedings, but our arbitration experts are also regularly engaged as arbitrators. We have comprehensive experience in proceedings before institutional arbitration organisations, as well as in ad hoc arbitration. All our litigation lawyers have worked or studied abroad, and thus have the specific legal, linguistic and inter-cultural competences required for advising on international legal disputes. As an independent law firm we can also accept briefs which other firms have to decline due to conflicts of interest.