Litigation and Arbitration

Our core competencies include the representation of businesses and individuals in court cases in all sectors of the judiciary, in other words, before the ordinary courts, which handle civil and criminal cases, as well as before specialist judiciaries, such as labour courts, administrative courts and finance courts. The proceedings before the ordinary courts (local courts and regional courts) include general civil law disputes to assert or defend against claims, such as contractual claims or claims for damages. These also include injunctive relief, which plays an important role in competition law.

The lawyers at Derra, Meyer & Partner from the various fields of legal expertise act in all instances also as litigation lawyers for their respective fields. Hence, our litigation practice also includes experts from various fields, such as Labour Law, corporate law, building law, insurance law, competition law, tax law and criminal law.

With offices at a total of eleven locations in Germany, we are generally able to represent you in all courts in Germany without having to rely on an outside trial lawyer. In international cases, we can rely in Italy and Poland on lawyers from our local offices and on a broader level, through our membership in the DIRO AG European network of lawyers, we can draw on the expertise of cooperation partners and lawyers in all other European countries.

Litigation and enforcement proceedings

The litigation work of our lawyers includes the actual trial (contentious proceedings on the merits) as well as the enforcement proceedings, i.e. the enforcement of judgments in cases where the opposing party refuses to comply with the ruling. Our work also includes proceedings to secure evidence, i.e. the collection of evidence in particular through expert opinions under the supervision of the court for the purpose of using this evidence in subsequent court proceedings. In civil proceedings, we also conduct summary, document-based proceedings, which feature the peculiarity that only documentary evidence is permitted. This expedites proceedings by avoiding lengthy examination of witnesses or expert opinions. In urgent cases, claims can be asserted through injunctive relief.

And naturally, we will also assist you with legal remedies, i.e. in appeal proceedings, complaints and appeals on points of law only.

Litigation lawyers - Alternative dispute resolution through arbitration

Proceedings before state courts are not the only option for resolving disputes. Alternative dispute resolution means, apart from mediation, in particular arbitral proceedings. In this case, the parties agree to refer their decision for resolution to a private arbitral tribunal or arbitrator. In the arbitration agreement, the parties may also regulate the manner of appointing the arbitral tribunal and the procedural principles and, if so desired, also the language of the proceedings.

In the international arena, our litigation lawyers frequently conduct arbitral proceedings in English. Parties can either rely on arbitral tribunals provided by private associations, who offer arbitration as a service, or they can establish an ad hoc tribunal. Our lawyers are experienced in representing clients both in institutional and ad hoc arbitral proceedings, and have in some instances even served as members of an arbitral tribunal themselves.

Alternative dispute resolution also offers the possibility of 'expert determination' proceedings. In this case, the parties agree that for issues that typically give rise to disputes an expert will be jointly appointed by both parties to resolve those disputes. A typical example is the valuation of a company in terms of the company's articles of association in the event that a shareholder retires from the company. Naturally, we also provide assistance in pursuing and protecting your rights in expert determination proceedings.

When conducting litigation, irrespective of whether before state courts or arbitral tribunals, we always strive to find an economically feasible solution for our clients to ensure that the costs of a dispute remain proportionate to the economic significance of the case.

Adwokaci

Publikacje

Адвокатская газета № 4 (285), 2019