Consulting services
Our experts in the department "General Commercial Law and Conflict Resolution" are your contacts for all of the following areas of work:
- General terms and conditions
- Professional liability
- Direct sales
- Commercial law
- Insolvency and restructuring
- International arbitration proceedings
- International private law
- Sales law
- Leasing law
- Management liability
- Product liability law
- Litigation
- Law of damages
- Sports law
- Insurance law
- Contract law
- Distribution law
- Civil law
- Forced sale and administration of assets
Conflict resolution:
We fight for you. No ifs, no buts.
Litigation – before state courts or arbitration tribunals – is a core competence of avocado rechtsanwälte. If a dispute cannot be avoided, experienced litigation lawyers stand by your side. This applies to proceedings before civil, financial, criminal and administrative courts. Our Conflict Resolution department always works closely with our other departments to combine our litigation expertise with our expertise in the relevant specialist legal areas. If court proceedings involve increased risks or are not in your interest, we will inform you accordingly and develop pragmatic alternative solutions with you.
What we do for you:
- Pre-litigation strategy consulting
- Pre-litigation risk assessment, including potential class actions (model declaratory action or association action).
- Pre-litigation strategy consulting to prepare for escalations.
- Advice on contract negotiations regarding the choice of courts/arbitration tribunals that are most favourable in the individual case, with special consideration given to the enforceability of judgments/arbitration decisions and applicable law.
- Proactive drafting of particularly conflict-prone contractual provisions.
- Preventing judicial disputes
- Examining the possibilities of an amicable resolution of the dispute, developing tailor-made conflict solutions. Advice and representation in negotiations with the opposing party, taking into account your individual interests, for example maintaining a functioning business relationship with the opposing party.
Litigation
Representation before all ordinary courts in Germany as well as before labour courts, fiscal courts, criminal courts, administrative courts and the ECJ
Our main focuses are in particular:
- Construction and plant construction disputes
- Professional liability (incl. D&O, liability of managing directors, board members and supervisory boards)
- Shareholder disputes, corporate law disputes
- Warranty and product liability
- Commercial and distribution law disputes
- Real estate law disputes
Support in foreign legal disputes (e.g., as an expert)
Enforcement of domestic and foreign titles
Close collaboration with technical and economic experts
Complex litigation
Organisation and defence or conduct of structuring of mass proceedings (e.g., model declaratory action or representative actions, liability or warranty claims, capital investor claims or proceedings by consumer associations)
Strategic handling of complex legal issues (e.g., on international law), also as a second expert
Alternative dispute resolution in complex proceedings
Arbitration proceedings
Representation of clients before national and international arbitration tribunals
Acting as arbitrator (e.g., DIS, ICC, LCIA)
Conduct of arbitration proceedings before international institutions (e.g., DIS, ICC, LCIA)
Enforcement of domestic and international arbitral awards
The members of our specialist department are recognised through relevant publications.