Dispute Resolution
Litigation – Arbitration – Mediation
Whether a supplier is late with the delivery of an important machine, a competitor uses unfair means against you, or a customer wants to hold you responsible for production downtime: Economic conflicts are inevitable for companies. The crucial factor is how to solve them. Our specialists at SAXINGER have many years of experience and outstanding expertise to enforce your rights and defend against third-party claims.
We consider it our duty to achieve your goals with determination and sound judgement. Each case is unique and requires a strategy tailored to your specific needs. Foresight, sensitivity, and the tenacity to see things through are just as essential as experience, expertise and patience.
SAXINGER provides you with clear and transparent information about the opportunities and risks of different strategies for dispute resolution. Out-of-court solutions are usually sought to save costs, time, and nerves. These include pre-pre-litigation settlement attempts or dispute settlements through mediation. It is not always possible to avoid a legal dispute before a state court or a (national or international) arbitration court. Whichever path you choose, you can always count on our expertise and skill.
Sound legal advice will help you resolve conflicts as amicably as possible, find a positive negotiated solution, and avoid lengthy court proceedings.
We help you do this in particular with:
- Consultation right from the contract drafting stage: Conflicts can be avoided right from the contract drafting stage, such as with clear and legally sound contract clauses. We also help you decide on the right forum for any disputes.
- Risk assessments for the dispute: We evaluate the prospects of success for enforcing your claims and find the optimal strategy for you.
- Resolution of complex legal issues: In many disputes, complex legal issues arise that require comprehensive expertise in the most diverse fields of law. We offer a strong team for all fields of law to help you find clarity.
- Out-of-court dispute resolution: We are fully committed to helping our clients reach optimal out-of-court settlements between conflicting parties and act as an intermediary to reach such settlements, if appropriate.
- Litigation management: In the event of unavoidable (arbitral) legal disputes, we provide you with expert support and representation.
- Representation in arbitration proceedings in particular: For companies, arbitration provides numerous advantages over state jurisdiction. We will advise you on this right from the time the contract is being drafted or in the event a conflict arises.
We also conduct proceedings in English. In cross-border disputes, you will benefit in particular from our strong international network.
We enforce your right and interests. Our areas of focus are as follows:
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Disputed court proceedings: Legal counsel is essential to assess the prospects of success of a lawsuit, develop the right strategy, and prepare the necessary evidence.
- Arbitration: We help you agree on arbitration clauses or arbitration contracts and accompany you during and after arbitration to guarantee an efficient and strategic solution for your legal case.
Our experts at SAXINGER perform the following tasks:
- Assistance with agreeing on arbitration clauses and arbitration contracts.
- Help with the enforcement of claims in arbitration proceedings.
- Analysis of the opportunities and risks of a legal dispute.
- Development of individual strategies for disputes.
- Experience with pre-litigation settlements, out-of-court dispute resolution and dispute resolution boards.
- Obtaining interim measures: We support and represent you in obtaining court orders issued prior to a final judgment to secure legal positions or prevent damage – including by means of temporary injunctions or securing assets. We develop a quick and strategic approach with you to protect your rights.
- Enforcement procedure: If your contractual partner does not fulfil their obligations ordered by the court, we can compulsorily enforce your claims by initiating an enforcement procedure, for example by seizing receivables or assets at home and abroad.
- Insolvency proceedings: In the event of the insolvency of your contractual partner, we support you in securing your property and asserting your claims.
- Debt collection (accounts receivable collection): Outstanding monetary claims can be collected both out of court or through legal proceedings. We develop strategic debt collection concepts with you to prevent liquidity problems.
- Family law disputes: Divorce and family over alimony or custody are often emotionally and financially stressful. We are happy to advise you in order to find fair and legally sound solutions and represent you in contact rights, custody, divorce and property division proceedings.
- Criminal proceedings: We represent you in particular in criminal proceedings with economic backgrounds, such as in the case of suspected breach of trust, fraud, money laundering, fraudulent conveyance, tax evasion or customs/foreign trade offences. Early legal advice is essential here in order to minimise the risk of offences, heavy penalties and reputational damage.
- Criminal financial proceedings: Is your company the focus of an investigation by the tax office or customs authorities? We advise and represent you in tax or customs proceedings, find mutual solutions with the competent authorities in the event of abnormalities, and represent you or your company before federal financial courts as well.
- Proceedings before arbitration bodies and non-contentious proceedings: Proceedings before arbitration bodies and proceedings under the Non-Contentious Proceedings Act, such as proceedings under the Condominium Ownership Act (WEG) or the Tenancy Act (MRG), can be very expensive. We are happy to help you develop the right strategy from application to enforcement.
- Mediation: We are happy to accompany you in mediation processes in order to bring escalating disputes to a fair and sustainable resolution in a cost-effective and resourceful manner.
Our expertise
Whether for compensation, warranty, unfair competition, product liability, commercial agency law, labour law or official liability: In the event of a dispute, we provide you with a team of experienced litigation experts and specialists in the respective legal field.
We offer extensive expertise across a broad spectrum of legal fields, including official liability and customs law.
Relates to the liability of the state or public bodies for unlawful acts or omissions by people acting on their behalf. We support you in claims for damages against authorities.
Employment and social law refers to employment contracts, dismissals, social benefits (e.g. pensions, one-off payments or benefits in kind from social insurance) and employee rights. Errors can create high costs for companies, which is why enlisting our experts early on is advisable – such as in the case of actions for unfair dismissal, in connection with collective agreements or disputes with social insurance providers.
Disagreements between clients and contractors regarding wages, additional costs, supplementary work or construction time extensions can result in complex (arbitration) court disputes. Disputes about the scope of services or wages are often caused by unclear and/or overly broad provisions in construction contracts. It is therefore crucial to consult legal experts when concluding construction contracts.
Inheritance law regulates rights and obligations relating to estates, wills, and intestate succession. Our legal assistance helps you with disputes and aims to minimise financial and emotional damage caused by family-related disputes.
Conflicts between shareholders or managing directors and shareholders, supervisory boards and other company bodies can result in complex (arbitration) court disputes. Conflicts can also have enormous economic consequences, especially within family businesses or between joint venture partners. It is therefore crucial to consult legal experts before disagreements lead to serious disputes and damage for the people and companies involved.
Complex economic transactions, such as the sale of shares in companies (M&A transactions), can subsequently lead to disputes about the fulfilment of warranty commitments or claims for damages due to the breach of assurances.
Court proceedings are becoming increasingly important in the banking and finance industry, for example, to enforce mortgages or to find solutions for recovering loans.
In cross-border disputes, complex formal legal issues, such as the question of applicable law or the question of the competent court, sometimes have to be resolved first. Our international network ensures rapid cooperation with foreign colleagues.
We support you in calculating and enforcing your claims arising from commercial agency, franchise, and distribution agreements, as well as in defending against claims arising from such contracts.
Intellectual property law regulates the protection of intellectual property and includes above all copyright, patent, trademark and design law. Conflicts may arise, for example, through unauthorised use or licensing disputes.
Includes in particular tenancy law and condominium ownership law, conflicts between landlords and tenants, and the resolution of property claims.
Insolvency law regulates the property law relationships of insolvent or overindebted companies. The insolvency of one of your debtors can mean massive impairment of your claims. Among other things, we support you in enforcing creditor claims in insolvency proceedings, in the event of disputes arising from the challenge of legal transactions and services or in connection with the liability of managing directors.
Medical and hospital law clarifies, among other things, the rights and obligations of physicians, patients, hospitals and medical facilities. Disputes may arise, for example, due to claims for damages as a result of medical errors or (unjustified) claims against physicians and medical institutions.
Product liability law regulates the responsibility of manufacturers for defective or hazardous products. For product liability claims by consumers or business partners and disputes over recalls, liability amounts or insurance benefits, legal counsel is required to minimise financial risks and protect a company’s reputation.
Compensation law allows for the assertion of claims for damages resulting from breaches of contract or legal obligations, including criminal offences. Our legal counsel assists companies and/or individuals with out-of-court resolutions as well as proceedings before the courts.
The UN Convention on Contracts for the International Sale of Goods establishes uniform regulations between contracting states. Potential conflicts arise from warranty claims under international trade agreements, interpretations of international sales contracts, claims for damages due to delivery delays, or the enforcement of contractual penalties.
Regulates the rights and obligations between insurers and insured people, particularly in the event of damages. Legal counsel assists in clarifying coverage obligations, reviewing exclusions from benefits, and contesting unauthorised reductions or refusals of insurance benefits.
We support you in defending against infringements of rights arising from your business practices, as well as in defending actions taken to counter such infringements. In connection with antitrust violations, we represent our clients, among other things, in defending or enforcing claims for damages arising from such violations.
When importing and exporting goods, compliance with customs, foreign trade and supply chain law is of utmost importance. Violations of these regulations can result in severe penalties, such as fines and financial sanctions. Our legal experts have extensive experience in defending against or mitigating such sanctions.
References & success stories
We offer you comprehensive expertise and dedicated support in dispute resolution and litigation. Here are some of our most recent successful clients and references:
- Representing a global glass lamination specialist in ICC arbitration proceedings against a major U.S. construction company, in a dispute arising from a high-profile reconstruction project in New York.
- Representing a global multi-billion industrial service provider in VIAC arbitration proceedings against one of its subcontractors arising from damage to property and personal injuries caused by a major accident which occurred during the installation of an industrial plant.
- Representing an Austrian and Swiss distributor of consumer devices in ICDR Arbitration (American Arbitration Association) proceedings seated in Los Angeles against the manufacturer of the devices, a California based company.
- Representing a European based world top furniture retailer in two multi-jurisdictional litigation proceedings, among others before the commercial court of Vienna (valued at over €1.2bn) against a multibillion-dollar global holding company with more than 40 brands in over 30 countries.
- Representing an outpatient clinic under German hospital law in preliminary ruling proceedings before the ECJ. In these proceedings, essential questions regarding the admissibility of cross-border telemedical services and in particular the applicability and interpretation of the directive 2011/24/EU on the application of patients’ rights in cross-border healthcare are being dealt with. Representing a renowned Austrian electrical engineering company against an Austrian real estate developer in litigation proceedings against its contractor in connection with the construction of a building designed by Danish star architects 3XN in the city center of Vienna.
- Representing an international industries group in two ICC arbitration proceedings related to the building of a new stainless steel plant (project volume approx. EUR 400mn), one against a consortium consisting of two renowned Austrian and international active steel construction companies, and the other against a multibillion-euro global leader in metallurgical and rolling mill technology (aggregate amount in dispute above EUR 130 million).
Contact
Whether your case involves contractual negotiations, enforcement of claims, implementation of out-of-court settlements or the conduct of court proceedings: You can reach us at our law firms in Graz, Linz, Salzburg, Wels and Vienna.
