Litigation and Arbitration

Commercial litigation

Similar to economic cycles, commercial processes touch upon a broad range of very diverse legal subjects. Therefore, commercial background knowledge and a good understanding of technical processes are equally essential to provide the best possible legal representation as thorough knowledge of the applicable rules of procedure.

Interim measures of protection

Sometimes, waiting for a court ruling may be too late to avert a pending threat or damage from a legally protected asset. In order to be able to nevertheless protect your rights in such circumstances, rules of procedures offer a system of interim measures of protection for many legal fields. Such measures are emergency measures imposed by the court upon request and subject to compliance with certain requirements that serve to provisionally avert disadvantages until a final ruling is handed down by the court. Parties have a choice, for example, of an injunction or provisional execution subject to provision of security.

Industrial Property Law and Competition Law

In the event of an unsuccessful warning letter issued by an attorney, recourse must be had to the courts to enforce the statutory claims for injunctive relief, removal or damages available under intellectual and Industrial Property Law, recourse must be had to claw on intellectual property normalized claims for injunctive relief, damages or removal; in such cases we will provide competent legal advice and assistance.

Arbitration

Arbitral proceedings gain increasing significance in particular in international commercial transactions.
Arbitration offers a range of advantages, in particular confidentiality, specific expert knowledge of the arbitrators, limited means of recourse against arbitral awards, flexible procedures and the easier enforcement of arbitral awards compared to judgments of national courts. Arbitral proceedings require an agreement by the parties. We provide assistance for the drafting of such an arbitration agreement and represent clients in national and international arbitration: in ad hoc proceedings or proceedings at the International Court of Arbitration of the International Chamber of Commerce (ICC) or the Vienna International Arbitral Centre at the Austrian Federal Economic Chamber.

Criminal Law relating to fiscal offences

We also provide support for companies in criminal proceedings relating to fiscal offences, charges under the Act on the responsibility of legal entities (Verbandsverantwortlichkeitsgesetz) and provide compliance programmes designed to uncover criminal processes within the company.

White-collar criminal proceedings

Competent legal representation in white-collar criminal proceedings have gained increasing significance owing to the more strict practice of administrative decisions and Case Law of criminal courts.   We assist our clients both in connection with investigations, where a proactive approach of the legal representative is of crucial importance for averting consequences under Criminal Law, and in proceedings in the criminal courts.

Media-related Criminal Law

Private enforcement

Private enforcement concerns the judicial enforcement of compensation claims by injured parties against members of a cartel.

Antitrust proceedings

However, antitrust proceedings not only affect the injured parties, but also the companies against whom antitrust proceedings have been initiated. Due to the leniency programme, usually parties involved in a cartel report existing antitrust activities to avoid the substantial fines. The Federal Competition Authority (Bundeswettbewerbsbehörde) subsequently carries out a search of the premises of the members of the cartel. We provide advice to injured parties, key witnesses and companies affected by searches in the course of summary administrative proceedings. As part of our antitrust compliance programme, we advise and review companies with the aim to avoid antitrust infringements and make recommendations as to the proper behaviour during a search of the premises.