Disputes about commercial transactions cannot always be avoided. You yourself may be injured by a party with whom you have no contractual ties. The attorneys of the Damage, Liability & Disputes practice group have built up much experience in commercial litigation, both before the courts and arbitration boards. Together with you, we rapidly get to the heart of the dispute, at which point we can offer clear advice on the potential success of your case. Together, we then identify the optimum strategy to be followed. If legal proceedings prove unavoidable, your interests in law will be represented in the best possible manner. We not only litigate in proceedings in the fact-finding instance (before district courts or courts of appeal) at the highest level, but also our Cassation practice group can advise you on and counsel you in proceedings before the Supreme Court. We are regularly approached for second opinions.
In many cases, the aim of judicial proceedings is to obtain money from another party. Such proceedings are time-consuming, and in that time the counterparty and their assets may undergo any number of changes. To avoid your counterparty no longer offering you any recourse at the end of the process, at which point you end up emptyhanded, it is possible to have a prejudgement attachment levied on their assets. The levying of attachment is also often part of the strategy we lay down, since it can represent an excellent means of applying pressure on the counterparty.
Arbitration is a form of alternative dispute settlement that is growing in popularity. Unlike an appearance before the regular courts, the parties themselves determine the nature of the litigation. They can select the number of arbitrators, they can determine the identity of those arbitrators (for example an expert in the field to which the proceedings relate), they can decide on the language of arbitration and they can reach agreements on the possibilities for launching an appeal against the arbitration judgement. Our attorneys can bring arbitration to a successful conclusion. We have acquired considerable experience as both arbitrator and attorney in national and international arbitration tribunals, for example before the NAI, ICC, LCIA, UNCITRAL and CEPANI. We also regularly appear in court procedures relating to arbitration, such as enforcement actions and proceedings aimed at reversing or overturning arbitration awards.