Litigation

Germany

When business disputes cannot be resolved by negotiations at commercial level, it becomes necessary to enforce claims effectively or protect oneself against unjustified claims. In this context, the litigation specialists in our team offer a comprehensive, top-quality service covering national and international disputes across all relevant areas of commercial law. They can not only draw on their own long experience in the field, in some cases acquired as judges, but where necessary also access the expertise of other specialist practice areas thanks to CMS' interdisciplinary structure. This enables our litigation experts to handle complex and wide-ranging cases effectively and promptly.

Main focus

Advice on contract design
Ideally, we advise our clients before a dispute arises. Careful wording of clauses governing jurisdiction and choice of law, and of individual provisions particularly prone to dispute, can prevent many problems.

Preparation for a dispute situation
Disputes generally do not occur without warning signs. Tension often builds up gradually before boiling over. At an early stage of an emerging dispute, we conduct a detailed analysis of all aspects of the situation and legal circumstances. We point out any liability risks and construct a robust negotiating position. We run through a range of dispute resolution options with you, draw up risk and cost analyses, prepare and document tailored solutions and devise a viable overall strategy.

Avoiding court action
At each stage, we examine the options for resolving the dispute amicably, if required, and advise or represent you in negotiations with the other party. We take your specific interests into account, such as the need to maintain an ongoing business relationship with the counterparty or presentation of the issue in the media and the associated implications for your company's image.

In-court representation
Should a dispute occur, we work with you to develop offensive or defensive strategies, take care of project and risk management, and handle all correspondence and documentation. We take a thorough and highly professional approach to preparing for oral proceedings and the taking of evidence. The objective and outcome of successful litigation is convincing the court to find in your favour. This not only requires close attention to the facts of the case but also outstanding knowledge of substantive law combined with analytical, psychological and rhetorical skills. Our litigation experts are trained to the highest standards in all these areas, with strategic and tactical thinking complemented by excellent local links.

Post-judgement enforcement
Our work does not stop after a judgement has been delivered. We continue to provide support and advice to ensure fast, effective enforcement of your claims, if necessary by way of compulsory enforcement.

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