Litigation, Arbitration & Mediation
Be safe rather than sorry. However, even meticulous planning does not prevent legal problems from occurring. Before you know it, you find yourself in the courtroom rather than at the negotiation table. We are, of course, prepared to protect our clients’ interests in such cases. We develop the adequate strategy to assert your claims or to defend you against claims made by others.
Selecting from a wide range of measures, we find the best solution for your issue. The following is a short insight into what that looks like in practice.
For us, litigation is not an end in itself. When we manage civil trials for our clients, whether before national or international courts, we define the goals together with you, the client. We then determine strategies, and, above all, conduct a careful risk assessment.
As much as we enjoy fighting for the rights of our clients in court, we consider it indispensable to anticipate success prospects as well as costs. Due to many years of experience in this profession, we can make forecasts at a high level of accuracy.
Please note, too, that we support you persistently until the judgment is actually implemented. Only then does a court case end for us.
In terms of litigation, we specialize in interim legal protection. Injunction and attachment proceedings not only secure our clients’ rights but also enable organized strategic planning and quick action. We maintain good relations with other practice groups, which increases the momentum of such measures. This comes into play, for instance, when we collaborate with our customs and trademark lawyers to effect the confiscation of counterfeits.
Especially when it comes to international contracts, arbitration proceedings are significant. This is because an arbitration clause is usually agreed upon, instead of a place of jurisdiction. It manifests either as an ad-hoc procedure with all details kept confidential or as arbitral proceedings.
In recent years, institutions such as the ICC in Paris, the WIPO in Geneva, or the DIS in Germany have increasingly been competing with each other. Observing this development carefully, we offer our clients the most suitable model for their case.
We ourselves also act as arbitrators, by the way. Accordingly, we are familiar with both sides of these proceedings. Our clients benefit from this experience.
Not everyone needs to know. Conflicts sometimes involve confidential or sensitive matters, take place within the company, or unfold between cooperating companies. In such cases, mediation is both discreet and effective, our experience shows. Mediation proceedings often have a deescalating effect, preventing divisions from becoming more entrenched.
In these out-of-court proceedings, we act as a neutral third party or a representative of one of the parties. We contribute to reconciling the interests of the conflict parties. This is far more than just talk. It creates a legally binding solution which is acceptable to both parties.
All is well that ends well, says the poet.