We represent companies, shareholders and corporate officers in commercial disputes before state courts, in arbitration and in negotiated solutions, both in Germany and across borders.
Our clients include in particular
Commercial disputes often arise from day-to-day operations, contracts, supply relationships or shareholdings. We most frequently assist in the following situations.
The work has been completed, but payment remains outstanding. We pursue the claim out of court, through litigation and, where necessary, enforcement. Limitation and insolvency risks determine strategy and pace.
Late delivery, defects or the failure of a project partner can have substantial consequences. We assess claims for performance, termination or damages, enforce them and defend against unjustified counterclaims.
A statement of claim, cease-and-desist letter or preliminary injunction may require a response within days. We take over the defence, preserve all procedural options and provide a realistic assessment of litigation risk and settlement scenarios.
Challenges to resolutions, director liability, exclusion or compensation require a coordinated corporate and procedural strategy. We also keep the company’s ability to operate in view.
Where the counterparty is abroad or proceedings run in several countries, jurisdiction, governing law and enforcement must be considered together. We coordinate the international litigation strategy and local counsel.
Negotiation, mediation or conciliation can save time and cost while preserving business relationships. The position should nevertheless be prepared to withstand litigation if settlement efforts fail.
Your contracts and business operate in English. The new Commercial Courts and Commercial Chambers permit qualifying commercial disputes with a value of at least EUR 500,000 to be conducted entirely in English. We assess whether this forum suits the case.
After closing, warranty breaches, purchase price disputes or previously undisclosed risks may emerge. We combine transactional understanding with litigation strategy to enforce or defend claims under the purchase agreement.
Whether you are enforcing claims abroad or defending proceedings in Germany, one coherent strategy connects the matters across jurisdictions.
German Companies Abroad
You are enforcing claims abroad or defending against them there.
International Companies in Germany
You are based abroad and involved in a dispute in Germany.
A commercial dispute can be managed in clear stages. We begin with the initial risk assessment and factor eventual enforcement into the strategy from the outset.
Briefly outline the case. We assess your position in confidence and identify the steps that make commercial sense.
Yes. Under the Act to Strengthen Germany as a Place of Jurisdiction, Commercial Courts and Commercial Chambers have existed since 1 April 2025 before which commercial disputes from a value of 500,000 euros can be conducted entirely in English, including written submissions, the oral hearing and the judgment. This requires an agreement of the parties. The federal states have set up these courts at higher regional and regional courts. For internationally oriented contracts, this is an alternative to arbitration; we assess how best to draft the jurisdiction clause.
In litigation funding, an external funder covers the costs of court or arbitration proceedings and, if successful, receives an agreed share of the proceeds; if the claim fails, the funder bears the cost risk. It is mainly worthwhile for substantial claims from around 200,000 euros where the cost risk is a concern or liquidity is to be preserved. As attorneys in Germany may generally not agree contingency fees, funding is provided by specialised firms. We assess whether the claim is suitable and support the selection of and negotiation with the funder.
After completion of an acquisition, disputes frequently arise over warranties, indemnities, purchase price adjustments or undisclosed risks. Whether such post-M&A claims are enforceable depends on how the purchase agreement is drafted, in particular on liability caps, time limits and the interplay with W&I insurance. We weigh the prospects, secure evidence and enforce the claims before the state court or arbitral tribunal; for the seller, we defend against them.
As early as possible, ideally before the first reaction towards the other side. In the early phase, evidence can be preserved, limitation periods reviewed and statements avoided that would weaken later legal positions. An early litigation risk analysis also shows whether an out-of-court solution is achievable.
Arbitration is not public, the parties choose specialised arbitrators, and the award is enforceable in most countries of the world under the New York Convention. In return, there is generally only one instance. Before the state courts, appeals are available and interim relief is quicker to obtain. Since 2025, commercial disputes can also be conducted before the state Commercial Courts in English. Which route is open is usually determined by the arbitration or jurisdiction clause in the contract.
First-instance proceedings before the regional courts often take one to two years; extensive evidence and expert opinions extend them, and appeals add further time. Arbitrations are often completed within one to two years. Courts decide urgent applications within days or weeks. The expected duration feeds into our strategy, including whether a settlement is the commercially better outcome.
Court fees and statutory attorney fees are based on the amount in dispute; the basis is the German Court Fees Act (GKG) and the Attorney Remuneration Act (RVG). In civil proceedings the loser-pays principle applies: the unsuccessful party bears the court costs and reimburses the other side's statutory fees, proportionately in the case of partial success. In commercial matters, fee agreements are common in addition. Before filing, we prepare a litigation risk analysis with a cost forecast and an assessment of enforcement prospects.
Judgments from EU member states are enforced under the Brussels Ia Regulation without separate recognition proceedings. For titles from third countries, treaties and the requirements for recognition are decisive. Arbitral awards are enforceable in more than 170 contracting states under the New York Convention; a declaration of enforceability is required. Conversely, we enforce German judgments and awards abroad and coordinate proven local counsel for this purpose.
Frequently, yes. A large share of commercial disputes is resolved through negotiation, mediation or conciliation before an action is filed. Whether this route makes sense is a matter of prospects, cost risk, timing and the value of the business relationship. Negotiating strength, however, requires that the claim is prepared and that the other side knows it.
Preliminary injunctions and asset freezes protect rights and assets before the main case is decided, for instance where assets are about to be moved, trade secrets are leaking or a competition infringement continues. The precondition is urgency: courts require swift action, and those who tolerate an infringement for weeks generally lose access to interim relief. The decision on an urgent application should therefore be taken within days.
