One of our core competences is the comprehensive advice on and representation in disputes or potential disputes both domestically and in foreign jurisdictions before the courts as well as in institutionalized or ad hoc arbitration. Our activities in this field are not limited to conducting the litigation but include dispute prevention and mediation as well as optimized preparation of the litigation or arbitration and the subsequent enforcement of judgments.
» Rife with respect and sometimes with a little bit of envy, that is the way the litigation community talks about SZA Schilling, Zutt & Anschütz.«
The spectrum of our corporate litigation and arbitration practice comprises disputes regarding deficiencies of resolutions including shareholder actions, nullification actions and declarative resolution actions concerning AGs and GmbHs as well as actions for declarative nullification judgment concerning private companies and all other types of procedures and actions. Furthermore, we advise on disputes in connection with the dismissal of board members, shareholder actions and other procedures regarding the compensation of withdrawing shareholders. Other matters of particular practical importance in our litigation practice include approval and release procedures according to Sec. 246a German Stock Corporation Act (Aktiengesetz), Sec. 16 para. 3 German Reorganization of Companies Act (Umwandlungsgesetz) and interim relief as well as the defense against such including the preparation and submission of preemptive briefs.
» SZA is involved in virtually every corporate dispute.«
Claims for warranties arising from M&A-agreements pose especially demanding challenges as regards efficient management of the dispute due to their complex nature. This is similarly true for other highly complex contractual relationships between businesses (e.g. in connection with the acquisition of certain assets, company financing or the establishment of other long-term business relationships).
We represent our clients in all areas of general corporate and commercial law and in all other fields in which our firm is active, both in procedures leading to judgment and enforcement as wellas in proceedings for the preservation of evidence/discovery, trial by record and interim relief measures. We offer a comprehensive service comprising the discovery and analysis of the relevant facts, collection and preservation of evidence, support and representation in extra judicial negotiations and legal representation before the courts. Legal representation in connection with real estate transactions, financing and collateral security agreements, cooperation agreements and distribution agreements are another focal point of our practice.
Our services also include the preparation of and representation during domestic and international arbitration proceedings. We place an especially high value on interlocking the legal and factual analysis of the disputed matter and the subsequent court proceedings. Our attorneys are specialists in both questions of substantive and procedural law. They have extensive experience as both counsels and arbitrators.