Litigation, Arbitration and Dispute Resolution
In the area of litigation and arbitration, we are one of the leading law firms in Germany.
The German dispute resolution group, led by Dr Wolf Bussian, is an integral part of the firm’s international dispute resolution group.
The team supports our clients by providing strategic advice on commercial law disputes as well as representation in complex legal disputes. Litigation includes structured management of proceedings, also with regard to defending against class actions. Our advisory services offer the clarification and assessment of each matter.
In the area of arbitration, the team provides advice pursuant to the rules of all material institutional arbitration organisations; some members of the team also act as arbitrators. Our German dispute resolution team focuses on national and international private, corporate, insurance, finance, capital markets and energy law.
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Publications: 16 MARCH 2020
Coronavirus - what is the current situation in Germany?
In order to contain the Coronavirus the German federal states as well as the German government have put strict measures into place. Schools and kindergartens have been closed as well as borders to most neighbouring states for private travel. In order to mitigate the economic consequences, the German government announced a comprehensive package of measures.
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Publications: 28 AUGUST 2019
New German act on corporate sanctions and internal investigations taking shape
Read morePublications: 11 OCTOBER 2018
Internal investigations documents seised in lawful law firm raid
The much publicised raid of U.S. law firm Jones Day’s Munich office and the seizure of documents relating to VW’s internal investigation by prosecutors in an investigation of Audi AG were legal, according to German courts. A constitutional complaint by the law firm, its client (VW) and individual German Jones Day lawyers has recently failed. The rulings highlight the (now familiar) tension in a corporate wanting to carry out an internal investigation, with external legal assistance, without fear of the internal investigation documents being disclosed to investigators: Federal Constitutional Court, orders dated 27 June 2018, file numbers 2 BvR 1405/17, 2 BvR 1780/17, 2 BvR 1562/17, 2 BvR 1287/17, 2 BvR 1583/17.
Read morePublications: 17 MAY 2018
Risk disclosure obligations – new leverage for borrowers of structured loans
The disclosure obligations arising from an implied advisory agreement between a bank and a non-consumer borrower of a structured loan have been recently spelt out by the Federal Court of Justice (Bundesgerichtshof, BGH). The court granted damages to a German municipality against a bank for the breach of such implied advisory duties. The bank had marketed a structured loan to the municipality with an interest rate depending on the EUR/CHF exchange rate. The BGH found that the bank did not sufficiently explain the risks of the loan, in particular the risk that there was no upper limit for the interest rate. The judgment gives borrowers of existing structured loans additional leverage to renegotiate their agreements when interest rates change to their disadvantage.
Read moreRecognition
The depth of talent and quality of the team is unbelievable, from the most junior person to the leader
Client, Chambers Europe 2017, Dispute Resolution – Germany
Law Firm of the Year for Dispute Resolution
JUVE Awards 2013