Disputes & business risks
Commercial litigation should serve a defined business objective. We advise on bringing and defending contractual, corporate and other business claims before German courts and coordinate cross-border proceedings.
Scope of our advice
The initial assessment covers jurisdiction, standing, evidence, limitation, remedies, costs and recoverability. Depending on the dispute, negotiation, mediation, interim relief and proceedings on the merits may be combined.
What needs attention
Preserve original documents and communications. Damages need a legal basis, proof of loss and an assessment of causation and mitigation. A strong legal position does not eliminate collection risk.
Assessing the claim, evidence and realistic recovery
A dispute assessment separates the legal basis, available evidence, remedy and prospects of collection. We identify the correct parties, jurisdiction and relevant deadlines, then reconstruct the chronology from original records. A contract claim may involve performance, acceptance, notice, limitation of liability and causation as separate questions. The commercial value of the dispute also includes management time, business continuity and relationships, which should inform the choice between negotiation and proceedings.
How the legal work is organised
The strategy may combine a documented demand, settlement discussions, interim protection and proceedings on the merits. We examine who must prove each material fact and whether expert evidence or third-party records are required. Damages calculations should identify the loss, supporting evidence and mitigation. A court case is reviewed as it develops: new evidence, counterclaims and settlement proposals can change the appropriate approach. Any agreement should address enforceability, payment security, costs and releases so that ending the case also resolves the underlying commercial exposure.
Four practical examples
Illustrative scenarios explaining typical legal issues; these are not statements about specific client mandates.
Unpaid invoice
A customer disputes a substantial invoice. We review delivery, acceptance and contractual defences before choosing a recovery route.
Practical approach. The demand should address the customer’s actual defence and explain the contractual basis for payment. Consider whether a streamlined recovery route remains suitable if substantive objections are likely to be raised.
Supply interruption
A supplier stops deliveries during negotiations. We assess contractual rights and the requirements for urgent relief.
Practical approach. Urgent relief requires a focused assessment of entitlement and urgency, supported by evidence. A business-critical interruption should be explained in concrete operational terms rather than by a general claim of inconvenience.
Defence against damages
A business receives a large consequential-loss claim. We examine liability limits, causation and the claimant’s evidence.
Practical approach. Test each category of loss separately and examine alternative causes and mitigation. A large headline demand may conceal unsupported assumptions, but valid claims should still be quantified realistically.
Settlement strategy
Both sides face prolonged proceedings. We compare enforceable settlement terms with likely litigation costs and commercial disruption.
Practical approach. Settlement terms should define payment dates, security and the effect of default. Consider ongoing contracts and confidential information so that resolving the monetary claim does not leave other important issues open.
Preparing the first discussion
Provide the complete agreement, orders, performance and acceptance records, correspondence and a dated chronology. Identify witnesses and preserve original electronic records, including attachments. State any approaching court or contractual deadline and the counterparty’s known financial position. A clear factual file helps distinguish issues that can be resolved quickly from those requiring a fuller evidential assessment.
Related expertise
Arbitration & mediation · Restructuring & insolvency · Employment in transactions
Discuss your business matter
Tell us which parties and countries are involved, what you want to achieve and whether a deadline is approaching. We will clarify the scope, the appropriate legal team and the fee arrangements before work begins.
Reference: German legislation in translation. English translations of German legislation may lag behind the authoritative German text. Application depends on the facts and the relevant current law.