Dispute Consulting

Litigation and arbitration

Our core competency is the representation of German and international companies, entrepreneurs, executives, and investors before ordinary courts as well as national and international arbitration tribunals. This also includes measures of interim legal protection (in the form of injunctive relief, for example) and enforcement measures. We have special expertise in the management of class actions and test cases, for instance under the German Capital Markets Test Case Act (KapMuG). We also pursue the recognition and enforcement of foreign judgments and arbitral awards and assist in challenging arbitral awards.

As an independent litigation boutique, not only are we regularly being recommended by renowned national and international law firms whenever a conflict of interest prevents them from acting, we are also retained by colleagues from other fields of law to conduct proceedings, or to prepare and monitor any actions in an advisory capacity – behind the scenes, if need be.

Alternative dispute resolution

In suitable cases, we draw upon our comprehensive experience with alternative dispute resolution (ADR) to develop sustainable solutions during mediation, whether in or out of court, or by way of special settlement, adjudication or expert proceedings.

Interdisciplinary integration of experts

Whenever required by the circumstances of the specific case, we work closely with specialists from other areas of law or experts in other fields. We can either assemble a dedicated interdisciplinary team, or we can cooperate with your trusted advisers.

Given our regular work as “on-call” specialists, it is part of our day-to-day business to organise collaboration in the most efficient and effective manner. Thanks to our independence, we are always able to work with those experts and specialists that are optimally suited to the task at hand. In doing so, we can draw upon an extensive personal network of specialists.

We maintain excellent relations with leading legal experts and professors in other fields of law, including but not limited to compliance and corporate governance, accounting and tax law, insolvency law, employment law and commercial criminal law. Moreover, our personal network extends to leading practitioners and renowned legal academics, also in foreign jurisdictions.

Additionally, we can rely upon trusted leading practitioners in the areas of business administration and loss investigation whenever needed. Also, should the media interest in your case so require, we will coordinate an all-encompassing strategy in cooperation with experienced media and communication consultants.

Drafting contracts with a view to avoiding contentious issues

As early as during the contract drafting stage, we put many years of experience in dispute matters at your disposal.

For instance, we draft efficient dispute resolution clauses, such as a customised arbitration clause that would refer a potential suit to the correct arbitration tribunal or institution, or an expert evaluation clause that would place the settlement of a dispute in the hands of an independent arbitrating expert. In this context, we also advise on the selection of suitable arbitrators and arbitrating experts.

Most importantly, we identify ambiguous or potentially contentious provisions as early as the drafting stage. This way, you can assert your interests at the time the contract is concluded.

Strategic consultancy in litigious situations

We will prepare you with a view to impending or potential disputes at an early stage.

We will ensure that you enter any kind of difficult negotiations fully equipped with the knowledge of your exact legal rights, so that you can make informed choices and decisions. The same goes for conflict-laden general meetings or shareholder meetings, supervisory board meetings and corporate decision-making – we make sure that you are fully prepared. As a result, you will be able to act swiftly and decisively when needed and, for example, seek – or forestall – injunctive relief.

Conflict assessment/second opinion

We examine and assess existing conflict situations or alleged legal claims by way of a legal opinion, as well as in the form of so-called second opinions, as are often commissioned by insurers.

We clarify the relevant facts, assess the risks and chances of court proceedings, or the judicial assertion of claims, and prepare a detailed risk and cost analysis.

We also prepare legal expert opinions on questions of German law, including the conflict of laws principles/private international law, in connection with foreign proceedings.

Review of internal events and completed litigation

We also review internal events and completed litigation retrospectively.

Whenever any suspicion of a legal breach within or originating from the client company exists, we will assist during the internal investigations and supply you with legal analyses or reasoned opinions. If and when required, we call upon experts at the interface to criminal law and coordinate the investigations with the prosecuting or supervisory authorities.

Similarly, we also review (partially) completed proceedings, to analyse any difficulties that may have arisen and evaluate their causes and consequences.

On this basis, we develop recommendations for the future. Likewise, we will also present you with proposals on how to optimise your internal processes. In the event that wrongdoings by third parties are discovered, we will assist you in the assertion of recourse claims while at the same time addressing all the relevant aspects under insurance law.