Dispute Resolution, Litigation and Arbitration
Disputes are an inevitable part of doing business. The lawyers in our leading litigation and arbitration practice advise and represent clients in disputes, state courts and arbitration tribunals, frequently also cross-border.
“The dispute resolution practice [...] is always there working at the forefront of almost every big case in Germany.”
When disputes loom, or have already happened, we investigate the facts, assess the legal ins and outs, and analyse the opportunities and risks inherent in settling the matter in court/by arbitration. We look at the client’s insurance coverage, if any, and sound out the possibilities as regards litigation finance.
We sit down with our clients to work out a comprehensive dispute resolution strategy, and then we put that strategy into practice. We are able to provide support with, among other things, negotiations und alternative dispute resolution proceedings, problematic shareholder and annual general meetings, and civil, criminal and regulatory investigations and proceedings at home and abroad.
We advise our clients in all areas of white-collar crime, providing both preventive services and assistance in ongoing criminal and fine proceedings. We assist our clients within the scope of corporate defence, protect their rights as injured parties and advance their interests in an efficient and professional manner.
We conduct internal investigations both in Germany and abroad, and are known for our expertise in court as well as our experience in dealing with the relevant authorities.
We advise on product safety and product liability law, including the criminal and public law aspects, and represent clients in their dealings with the public authorities and in court.
Thanks to our worldwide network, we are able to organise and coordinate product recalls and defend damages claims, including in high-risk countries.
Litigation in State Courts
We represent the interests of our clients nationwide in the courts of all branches of the judiciary. Cases that are highly complex in terms of the legal or factual circumstances, as well as class actions, are amongst our main focuses. And we organise and assist with litigation PR in high-profile cases.
We monitor court proceedings on behalf of clients and deliver second opinions on the prospects of winning legal disputes.
Summary Proceedings and Asset Protection
We can obtain – and fend off – injunctions anywhere in Germany. And if there is a risk of assets being fraudulently transferred, we locate the assets – whether in Germany or elsewhere – with the help of specialist private investigators and secure them through our global network of partner firms.
Our arbitration experts have first-hand experience of the rules and practices of the main national and international arbitration organisations and know the established arbitrators. Gleiss Lutz lawyers are also frequently called upon to sit as arbitrators.
We also advise and represent clients when it comes to setting aside German arbitral awards and recognising and enforcing German and foreign arbitral awards in German courts.
Our experts are also regularly active in disputes between investors and host countries (Investor-State Disputes - ISDS). Thus, lawyers of the firm have not only successfully represented parties in ICSID and other proceedings, but have also obtained landmark decisions on cost and enforcement issues. This concerns in particular the recognition and enforceability of foreign arbitral awards in investment arbitration proceedings in Germany.
Representation in Administrative Proceedings
We regularly work together with our administrative and tax law experts when representing clients in administrative proceedings.
We act for many foreign clients in relation to lawsuits in Germany. In the case of lawsuits abroad, we can assist in gathering evidence in Germany (e.g. US discovery proceedings or the examination of witnesses), advise on matters to do with service and enforcement, or act as expert witnesses for German and European law.
Industrial Construction Projects
Disputes arising from construction projects, especially plant and industrial construction projects, form an important part of our practice. We focus on and specialize in strategic claims management, the enforcement of or defence against claims in long-term plant construction projects (e.g. power plants, windfarms, wastewater systems, processing plants), as well as in building projects (e.g. high-rises or expansions of industrial production sites), both domestically and cross-border and under various codes or standards for construction contracts (including FIDIC).
The group benefits from our fullservice integrated collaboration across practice areas in advising the various stakeholders involved in such projects in the areas of structuring, financing, insurance, as well as in the project implementation in different phases and under a variety of contractual and administrative law regimes.