Disputes & business risks
Arbitration and mediation can provide alternatives to court litigation, but they serve different purposes. We advise on dispute clauses and on resolving domestic and international business disputes.
Scope of our advice
An arbitration clause should identify the seat, rules, language and tribunal structure. Mediation depends on the parties’ willingness to negotiate and usually requires a separate enforceable settlement. Confidentiality and interim protection must be addressed expressly.
What needs attention
An unclear clause may create an additional dispute before the merits can be heard. Align multi-contract and multi-party arrangements to avoid incompatible procedures.
Choosing and managing the dispute procedure
Arbitration is a binding adjudicative process; mediation is a facilitated negotiation. The choice should reflect the likely dispute, parties, enforcement destinations and need for confidentiality or urgent relief. An arbitration clause needs a coherent seat, rules, language and tribunal structure. Multi-party and multi-contract projects require particular care because inconsistent clauses may prevent related disputes from being heard together. Confidentiality should be addressed rather than assumed to be identical under every legal framework.
How the legal work is organised
Once a dispute arises, we assess jurisdiction, procedural timetable, document production, witnesses and expert evidence under the applicable rules. Court support or emergency procedures may be relevant to urgent protection, depending on the clause and law. Mediation can run alongside proceedings but should have a defined scope and authority to settle. Any resolution must be documented in a form that can be enforced where needed. Costs, proportionality and the possibility of counterclaims are considered throughout, not only when proceedings begin.
Four practical examples
Illustrative scenarios explaining typical legal issues; these are not statements about specific client mandates.
International supply dispute
The contract provides for institutional arbitration. We assess jurisdiction, evidence and procedural strategy under the agreed rules.
Practical approach. Check the scope of the arbitration agreement and the institutional rules before taking procedural steps. The merits strategy should include a realistic evidence and cost plan suited to the value and complexity of the claim.
Urgent protection
A party fears misuse of confidential information. We examine court and emergency-arbitrator options available under the clause and applicable law.
Practical approach. Urgent measures should be selected by reference to enforceability and the actual threat. An emergency decision may need court assistance or separate local measures to protect assets or information effectively.
Multi-contract project
Related contracts contain different dispute clauses. We identify consolidation risks and coordinate a practical procedural strategy.
Practical approach. A coordinated strategy should identify overlapping evidence and inconsistent-outcome risks. Future templates can reduce these problems by aligning the clauses across the main agreement, guarantees and subcontracts.
Mediated exit
Business partners seek a confidential separation. We prepare a settlement covering payments, releases, security and enforcement.
Practical approach. The settlement should identify the obligations, security and enforcement route rather than rely on goodwill. Authority to bind each party and the treatment of confidential information should be confirmed before signature.
Preparing the first discussion
Provide all related agreements and dispute clauses, the chronology, key evidence and information about the parties’ assets. Identify any urgent operational issue and the decision-makers authorised to settle. Where contracts use different dispute mechanisms, a contract map helps determine whether procedures can be coordinated or whether separate cases may be required.
Related expertise
Commercial litigation · 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.