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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

Whether performance bonds or down payment bonds, we know the pitfalls in the enforcement and defence of bank guarantee claims in connection with international contracts and help companies and banks succeed in and out of court. Our experts also advise on interim relief proceedings and assist our clients when complex guarantee issues need to be resolved quickly.

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.

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.

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 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.

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.

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.

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 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.

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.

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 Contacts >>

Key Contacts

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Dr Richard Happ

Partner

T +49 40 18067 12766

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

Partner

T +49 40 18067 18023

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Dr Stephan Bausch, D.U.

Partner

T +49 221 9937 25782

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Team Complex Disputes

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Samira Altdorf, LL.M. (BSC, Brussels)
Counsel
Dusseldorf

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Hannah Aigner
Senior Associate
Munich

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Dr Stephan Bausch, D.U.
Partner
Cologne

Lars Bollensen
Partner
Hamburg

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

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David Bündgens
Senior Associate
Cologne

Iman Bayrouti
Associate
Essen

Dr Jannik Bel
Associate
Cologne

Dr Valerie Blettenberg
Associate
Munich

Dr Christopher Borho
Associate
Stuttgart

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Maike Böttcher
Associate
Hanover

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

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Paula Dresler
Associate
Berlin

Ann-Kristin Freiheit
Senior Associate
Dusseldorf

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

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Dr jur Stephan Götze
Partner
Berlin

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

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Christina Göbel
Senior Associate
Hamburg

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Ludger Gruber
Senior Associate
Dusseldorf

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Dr Richard Happ
Partner
Hamburg

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Dr Marco Jerczynski
Counsel
Essen

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Lara Jaeger
Senior Associate
Berlin

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

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Pieter Krüger, Mag. iur.
Counsel
Frankfurt a.M.

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Linda Kirchhoff
Senior Associate
Munich

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Liza Knecht
Associate
Leipzig

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Daniel Latta
Partner
Berlin

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Mathieu Laurent
Partner
Luxembourg

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Lasse Langfeldt, LL.M. (Uppsala), LL.M. (BSC, Brussels)
Senior Associate
Brussels

Ralf Lewandowski
Associate
Hamburg

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Mee Foo Moh
Of Counsel
Singapore

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Grégory Maricle
Senior Associate
Luxembourg

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Jael Marquardt
Senior Associate
Frankfurt a.M.

Sophia Meyer, Maître en Droit
Associate
Berlin

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Maxim Oertel
Senior Associate
Berlin

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Stephanie Quaß
Counsel
Frankfurt a.M.

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Tim Rauschning
Partner
Hamburg

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Rebecca Romig
Counsel
Frankfurt a.M.

Elisa Röhr
Associate
Dusseldorf

Georg Scherpf
Partner
Hamburg

Porträt eines Mannes mit kurzen grauen Haaren, der eine Brille trägt. Er trägt ein dunkles Sakko und ein weißes Hemd. Der Hintergrund ist hellgrau. Der Mann schaut direkt in die Kamera und hat einen neutralen Gesichtsausdruck.

Raphaël Schindler
Partner
Luxembourg

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Dr Barbara Schmidt
Partner
Leipzig

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

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Volker Steimle
Partner
Cologne

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Leif Dustin Schneider
Counsel
Ho Chi Minh City

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Benjamin Schwenker
Counsel
Dusseldorf

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Vanessa Meireles Schilling, LL.M. (Geneva MIDS)
Senior Associate
Hamburg

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

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Benedikt Stücker
Senior Associate
Hanover

[Translate to English:] Dr. Thomas Schwieters

Dr Thomas Schwieters
Associate
Hanover

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Dr Johannes Teichmann
Partner
Frankfurt a.M.

Dr Frederic Tewes
Partner
Dusseldorf

Luca Thönes, LL.M. (Miami)
Senior Legal Consultant
Hamburg

Christiane Unterberger, LL.M. (UCL)
Associate
Munich

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Dr Melanie Verstege
Counsel
Essen

Johannes Veigel
Associate
Stuttgart

Dr Anika Wendelstein
Partner
Stuttgart

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Jutta Wittler
Partner
Cologne

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

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Nele Wachholz
Senior Associate
Hamburg

Julian Wantzen, LL.M. (Wellington)
Associate
Frankfurt a.M.

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

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

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Jan Zimmer
Senior Associate
Singapore

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).

Trading companies and banks - Advice and judicial representation regarding enforcing or defending claims arising from bank guarantees