Liability, Disputes & Procedures

Every business runs the risk of having to deal with losses. The basic principle is that each party should bear its own losses, unless another party is liable.

Agreements on the distribution of liability and risks can be laid down in a contract. In addition to such contractual agreements, companies are required to observe due care and take account of the requirements of reasonableness and fairness. Certain due care standards may also apply. Doctors, attorneys at law, accountants, real estate agents and insurance brokers, for example, are all required to comply with specific due care standards. In the same way, manufacturers, importers and traders run the risk of being held liable for faulty products.

Our attorneys also litigate regularly in disputes about the establishment, interpretation or implementation of for example commercial contracts.

If a dispute or litigation proves unavoidable, you can call upon the expertise of our attorneys at law. They can advise you on your position and the opportunities available to you, for example seizure of assets or instituting interlocutory proceedings. In all such situations, it is essential to recognise that procedural law features numerous (often short) deadlines.

It is of vital importance to select a procedural strategy that matches your problem or situation. Our attorneys have considerable experience with specific procedural issues, including litigation before (district) courts and even the Supreme Court. National and international arbitration are common ground for our (litigating) attorneys.

Sound litigation almost always starts with a clear examination of the facts, no matter how extensive or complex they may be. In every case, the broad litigation experience of our attorneys is combined with a thorough knowledge of the area of law in which litigation has arisen. Attorneys from other practice groups are regularly consulted to contribute their specialist knowledge to the proceedings.