Complex Disputes

In law, it is crucial to be able to rely on experienced experts to handle complex disputes. Here at Luther, we understand the nuances and challenges involved in such matters and can assist you by providing first-rate litigation and arbitration advice.

Our lawyers have many years of experience in national and international arbitration proceedings. We rely on our in-depth knowledge of national and international arbitration rules (including, for example, DIS, ICC, LCIA, SIAC, SCC, UNCITRAL, CIETAC, ICDR, as well as ad hoc arbitration proceedings in various countries).  Our lawyers are actively involved in national and international professional associations and maintain an excellent network of contacts. We know good arbitrators, and these arbitrators know us.

When it comes to judicial disputes, we are passionate about representing our clients in court and defending their interests. Our lawyers have mastered the complex art of using the right strategy and narrative within the context defined by case law and legislation. Together with our clients, we develop strategies tailored to their specific matters and operations in order to efficiently resolve complex disputes in court and achieve the best possible outcome for our clients.

In addition, we also assist our clients with the recognition and enforcement of foreign judgments in Germany, or of German decisions, including asset recovery, abroad.

At Luther, we use state-of-the-art Legal Tech applications to efficiently manage mass actions and highly complex proceedings. We optimise the way in which information is processed and offer our clients a transparent and cost-effective solution for complex mass litigation. The targeted use of technology allows us to enhance the efficiency and quality of our legal services in order to take account of the growing demands in the field of mass litigation.

With our geographic specialisation in South America, South East Asia and Eastern Europe, we offer a global perspective on complex disputes. In addition to being well-versed in the legal aspects of these regions, our lawyers also understand the cultural aspects and business dynamics. When it comes to the law of countries where Luther does not have its own offices, we can call in renowned colleagues from our partner law firms.

Here at Luther, we rely on expertise, experience and a global approach to help our clients achieve optimal solutions in complex disputes. We invite you to rely on our expert knowledge and on our committing ourselves to your case to successfully handle the legal challenges facing you.

Litigation and arbitration

Banking and finance

Our lawyers specialise in resolving complex financial disputes and provide integrated advice that comprises litigation as well as arbitration. We understand the unique challenges of the financial sector and provide tailor-made solutions to legal challenges, in particular in the event that claims are made in collective proceedings, including proceedings under the German Capital Markets Model Case Act (KapMuG), in connection with faulty investment advice or brokerage, faulty asset management, errors in prospectuses, credit and credit security law through to complex disputes in connection with swap and derivatives transactions. In addition, we also advise on measures of compulsory execution.

Antitrust damages

Our lawyers have in-depth knowledge of competition law and contribute their expertise in damages proceedings, whether in court or before an arbitration tribunal. We work closely with our clients to assess the impact of antitrust violations and develop legal strategies aimed at effectively limiting the damage. With a clear focus on transparency, efficiency and results-orientation, we defend our clients’ interests, drawing on a network of experienced experts.

Commercial

We provide individual strategies to protect our clients’ business interests, regardless of whether they are involved in contractual disputes or dealing with product liability or competition issues. Our lawyers have mastered the art of negotiation and rely on arbitration as an effective way to achieve optimal results. Understanding our clients’ products and services and how they operate is the key to success. Of course, we can also advise our clients preventively on how to avoid disputes and, in the event of a crisis, help them find communications consultants (“litigation PR”).

Compliance

Compliance is crucial in today’s business environment. Adherence to the law and to internal company policies is not only indispensable for smooth business operations: it is also a central issue when it comes to handling disputes. We focus on identifying and minimising the legal risks that may arise from non-compliance. In addition, our expertise also extends to helping companies investigate and enforce claims against their executive bodies where there may have been a breach of duties of care. In such cases, we work closely with our colleagues specialising in white-collar criminal law.

We assist our clients throughout the process, from initial risk assessment to the development of compliance strategies to representation in disputes, in and out of court. Our goal is to safeguard the company’s integrity while simultaneously protecting our clients’ rights and interests.

Construction

Whether there has been a breach of contract or delay in construction or other matter, we protect and defend the interests of construction firms, contractors and subcontractors. Our lawyers provide effective solutions in court as well as in arbitration proceedings. To this end, they draw on their many years of experience as party representatives and arbitrators (for example, in large construction, infrastructure and offshore wind park projects) and work closely with our real estate lawyers.

In the field of arbitration, we can help you select the appropriate dispute mechanisms – for example, multi-level escalation clauses or use of dispute boards – for each contractual constellation already in the contract initiation phase.

Corporate/post M&A

We have special expertise in corporate and post-M&A disputes. For example, we advise a large number of clients on actions for annulment or avoidance of shareholder resolutions or resolutions of the general meeting. In addition, we also represent clients in legal proceedings to determine the compensation payable to minority shareholders and provide advice on disputes between joint venture partners, shareholder disputes, directors’ liability issues and disputes arising in connection with mergers and acquisitions.

Energy

A significant portion of our work concerns legal disputes in the energy industry. Working with our colleagues from Luther’s Energy practice group, we advise our clients on all legal disputes, regardless of whether they relate to renewable or traditional energy sources or regulatory issues. As advisors to numerous leading German and foreign energy suppliers, we know exactly what matters and can be relied upon to stand by our clients’ side when disputes arise. 

Climate change and environmental litigation

Climate change has led to an increase in civil litigation, with companies acting both as claimants and as defendants. Our law firm specialises in representing companies in complex disputes that arise from risks related to climate change, from violation of environmental legislation or emission problems. We understand the specific challenges faced by companies in such disputes and provide tailor-made solutions to defend and protect their interests.

At a time when environmental and climate issues become increasingly more important from a legal perspective, we offer our clients comprehensive expertise and representation with regard to all aspects of civil climate change disputes.

Mass litigation

In the area of mass litigation, we effectively manage large group actions, class actions and also large numbers of individual actions, offering legal solutions that are convincing in terms of both content and procedure. Having already represented banks, fund management companies and DAX companies, we are experienced in structuring mass proceedings with up to 25,000 individual actions efficiently and in a strategically successful manner. Furthermore, with offices in multiple locations, we are in a position to quickly appear in court and represent our clients’ interests.

Investment protection and investment arbitration

One of our core competencies in the area of complex disputes is representing clients in investment arbitration proceedings. We have been active in this field for more than 15 years now, advising both countries and investors, and know perfectly well how to handle even highly political proceedings (such as the arbitration against the Federal Republic of Germany due to the nuclear phase-out).

Key Contact >>

Key Contact

Dr Richard Happ

Partner

T +49 40 18067 12766

Dr Florian Schulz M.B.A. (Nimbas)

Partner

T +49 40 18067 18023

Dr Stephan Bausch, D.U.

Partner

T +49 221 9937 25782

Team Complex Disputes

Simon Alscher
Associate
Frankfurt a.M.

Dr Stephan Bausch, D.U.
Partner
Cologne

Prof. Dr Christian Burholt, LL.M.
Partner
Berlin

Iman Bayrouti
Associate
Essen

Dr Jannik Bel
Associate
Cologne

Rechtsanwältin Valerie Blettenberg

Dr Valerie Blettenberg
Associate
Munich

Maike Böttcher
Associate
Hanover

David Bündgens
Associate
Cologne

Dr Borbála Dux-Wenzel, LL.M.
Partner
Cologne

Frederik Diemer
Associate
Hamburg

Paula Dresler
Associate
Berlin

Patrick Diessner, LL.M. oec.
Senior Consultant
Munich

Ann-Kristin Freiheit, Rechtsanwältin

Ann-Kristin Freiheit
Senior Associate
Dusseldorf

Marc Finner-Prével
Associate
Cologne

Dr Steffen Gaber, LL.M. (Sydney)
Partner
Stuttgart

Dr jur Stephan Götze
Partner
Berlin

Jette Gustafsson, LL.M. (Boston)
Partner
Hamburg

Ludger Gruber
Senior Associate
Dusseldorf

Christina Göbel
Associate
Hamburg

Amrit Grewal, LL.M. (London), MLB (Deutschland)
Legal Consultant
Cologne, Hamburg

Dr Richard Happ
Partner
Hamburg

Hannah Hassel
Senior Associate
Munich

Dr. Marco Jerczynski
Counsel
Essen

Ariam Jäger
Associate
Hamburg

Katharina Klenk-Wernitzki, Dipl. Reg.-Wiss
Counsel
Berlin, Cologne

Linda Kirchhoff
Senior Associate
Munich

Christopher Krüger
Senior Associate
Essen

Lisa Küpers
Senior Associate
Cologne

Liza Knecht
Associate
Leipzig

Daniel Latta
Partner
Berlin

Mathieu Laurent
Partner
Luxembourg

Lasse Langfeldt, LL.M. (Uppsala), LL.M. (Brussels School of Competition)
Associate
Brussels

Lorena Ligowski
Associate
Hanover

Mee Foo Moh
Of Counsel
Singapore

Johannes Müller
Senior Associate
Munich

Michael von Berg
Senior Associate
Cologne

Jael Marquardt
Associate
Frankfurt a.M.

Miriam Misterek
Associate
Munich

Maxim Oertel
Senior Associate
Berlin

Roberto Pirschel
Senior Associate
Leipzig

Stephanie Quaß
Senior Associate
Frankfurt a.M.

Tim Rauschning
Partner
Hamburg

Marie Romero
Counsel
Luxembourg

Rebecca Romig
Counsel
Frankfurt a.M.

Dr. Lisa-Marie Ross, LL.M. (NUS)
Consultant
Singapore

Dr Barbara Schmidt
Partner
Leipzig

Dr Florian Schulz M.B.A. (Nimbas)
Partner
Hamburg

Volker Steimle
Partner
Cologne

Raphaël Schindler
Counsel
Luxembourg

Leif Dustin Schneider
Counsel
Ho Chi Minh City

Benjamin Schwenker
Counsel
Dusseldorf

Fabienne Scharfe, LL.M. (Tulane, New Orleans)
Senior Associate
Hamburg

Judith M. Schommartz, LL.M. (New York)
Senior Associate
Hamburg

Gizem Sahin, LL.M.
Associate
Berlin

Benedikt Stücker
Associate
Hanover

Dr Johannes Teichmann
Partner
Frankfurt a.M.

Dr Melanie Verstege
Counsel
Essen

Jutta Wittler
Partner
Cologne

Sebastian Wuschka LL.M. (Geneva MIDS)
Of Counsel
Hamburg

Nele Wachholz
Associate
Hanover

Quirin Wedel, LL.M. (London)
Associate
Hamburg

Fabien Benjamin Wehner, LL.M. (Stellenbosch)
Associate
Stuttgart

Jan Zimmer
Senior Associate
Singapore

Moritz Ziegler
Associate
Cologne

Vanessa Zimmermann de Meireles, LL.M. (Geneva MIDS)
Associate
Hamburg

Lara Zölck
Associate
Berlin

References

Vattenfall AB - Advice and representation in ICSID investment arbitration proceedings against the Federal Republic of Germany in connection with the nuclear phase-out
RWE AG - Advice and representation in proceedings against the Kingdom of the Netherlands regarding the early closure of the Eemshaven coal-fired power plant
Volkswagen AG - Representation in around 30,000 individual lawsuits regarding diesel claims before all regional and higher regional courts with a team of up to 200 lawyers
PreussenElektra - Advice and representation in ICC arbitration proceedings concerning rights in a nuclear power plant
DAX companies and institutional investors - Advice and representation in court regarding claims for damages in connection with investments in funds (Greensill)
City of Cologne - Advice and legal representation regarding deposits with insolvent Greensill Bank AG
Swiss energy supplier - Advice and representation in state court proceedings against the Federal Republic of Germany regarding claims for damages due to the coal phase-out
Various banks - Representation in numerous proceedings before regional and higher regional courts on structured interest rate derivatives
Hauck & Aufhäuser Lampe Privatbank AG - Representation in various cases concerning swap transactions with municipalities and private investors
Hauck & Aufhäuser Lampe Privatbank AG - Legal representation in defending a claim for damages in the amount of approximately EUR 12 billion
E.ON SE - Advice and representation in ICSID proceedings against the Kingdom of Spain based on the Energy Charter Treaty (ECT) regarding renewable energy sources
CEO of a US manufacturer of household appliances - Legal representation in defending claims for damages in connection with the insolvency of a German kitchen furniture manufacturer
Global manufacturer of disc brakes - Legal representation in connection with lawsuits regarding claims for damages and supply
Several banks and savings banks - Representation and strategic advice in individual and collective proceedings regarding banking law disputes of all kinds (e.g. investment law, cancellation of consumer loan agreements, payment transactions, bank charges, matters relating to general terms and conditions).