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Litigation

  • Text
  • Disputes
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  • Arbitration
  • Litigation
  • Noerr
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NOERR_LITIGATION,

NOERR_LITIGATION, ARBITRATION & ADR Transnational Litigation & Arbitration Transnational disputes usually require a tailored and alternative approach to purely national disputes. Opportunities and risks have to be accurately assessed at an early stage and incorporated into the dispute strategy. All existing options have to be included in a strategy analysis As a starting point, a dispute before the national courts (whether at home or abroad) must be considered in the context of the applicable features of procedural and substantive law. These will include the jurisdiction of the court seized of the matter, the existing evidence options as well as the question of whether in the particular jurisdiction incorruptible and qualified judges will decide the case. As an alternative, the option of arbitral proceedings (whether ad hoc or employing the assistance of an arbitral institution) should be examined and an assessment of the pros and cons be carried out. Typical considerations include the admissibility of arbitral proceedings in the specific dispute concerned, the significance of maintaining confidentiality in the dispute and the options for enforcement of any later arbitral award compared to a court judgment. Finally, the various forms of alternative dispute resolution (ADR) should be analysed. This may enable the dispute to be resolved in a more time and cost efficient manner but may not be suitable for all cases, particularly where the opponent is unwilling to participate. Our litigation specialists have mastered all forms of dispute resolution and can provide strategic advice tailored to the individual needs of the dispute. They act both as litigators within Germany and our other office locations, but also as dispute lead counsel in close cooperation with our partner law firms worldwide. In addition, assistance is often provided to partner law firms in connection with disputes occurring within our national jurisdictions. The team members also act as arbitrators in arbitral proceedings and mediators in mediation proceedings, but first and foremost as highly qualified legal counsel who protect the interests of our clients in disputes. Our team now includes lawyers with a common law background, enabling us to set up tailor-made teams, in particular for disputes with a connection to the USA and the UK. 8

LITIGATION, ARBITRATION & ADR_NOERR Our services at a glance: • Drafting and finalising individual dispute clauses, giving preparatory advice • Evaluating opportunities and risks, considering options for resolving conflicts, preparing a dispute strategy • Obtaining temporary relief – national and international • Conducting out-of-court negotiations • Handling litigation before national courts • Managing and coordinating parallel proceedings in different jurisdictions as dispute lead counsel • Assisting during the taking of evidence in Germany for foreign proceedings • Ensuring national and international execution and enforcement of judgments • Ensuring national and international enforcement of decisions affording temporary relief • Guiding and supporting in UK and US proceedings • Representing parties in arbitration proceedings (e.g. under ICC, DIS, SCC, LCIA, VIAC and Swiss Rules as well as ad hoc), also in a coordinating function in cooperation with local counsel • Conducting investment arbitration (investment protection) • Acting as arbitrators in national and international arbitration proceedings • Representing parties in all kinds of ADR procedures, both national and international • Acting as mediators 9

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