Dispute resolution and insolvency

Are you facing challenges and uncertain about how to resolve them? We support both individuals and major market players. Our firm brings extensive experience in out-of-court negotiations, court proceedings, and (international) arbitration. 

CUSTOMER PROFILE

We represent individuals and companies
in civil and commercial disputes

Are you facing family or civil disputes, or encountering issues in business?

Have you found yourself in a challenging situation and need assistance in resolving a (potential) conflict? Our firm offers a broad range of litigation expertise across civil, commercial, and other legal areas. We bring significant experience in resolving disputes out of court, including mediation and arbitration, and will represent you in any necessary court proceedings. 

Are you looking for lawyers who understand your business? 

We advise on a wide range of matters, though our practice frequently involves disputes in real estate and construction, banking, transactions, IT and intellectual property, and unfair competition. Our expertise also extends to insolvency and corporate restructuring. We have considerable experience crafting effective solutions for companies facing insolvency for a variety of reasons, providing legal services to both creditors and debtors.

Do you want to understand exactly what you are signing? 

The seeds of a dispute are often hidden in the details of every contract. While you may not see them, we can identify these issues swiftly. Contracts can sometimes be unclear, hard to interpret, and vaguely formulated. Often, the issue lies not in what is stated in the contract, but in what is missing. Whether you are drafting this key document or preparing to sign it, consulting a lawyer is invaluable. We will translate the contract’s terms into clear, accessible language and outline the risks and potential outcomes of any future dispute.

Do you see yourself in our client profile?

  • Company statutory representative

  • Business owner

  • Manufacturing companies

  • Construction firms

  • Local developers

  • Individuals addressing personal matters

LAW FIRM

Projects we enjoy

We can take over your case at any stage. We quickly familiarize ourselves with each case to establish realistic expectations. Our services include risk analysis and advisory support for clients. Our primary goal is to prevent unnecessary disputes and the costs that come with them.

Our team includes an experienced mediator and arbitrator, reflecting our belief that many disputes can be resolved outside of court. When out-of-court resolution is not feasible, we represent clients in proceedings before both domestic and international courts.

SERVICES WITHIN THE SCOPE OF SPECIALIZATION

Private disputes 

This category generally involves disputes related to contract performance, property rights, or damages. Richard Feichtinger, a founding member of our firm, has dedicated significant expertise to this area.

Family disputes

Matters involving divorce, joint property, child custody, or inheritance. Disputes over marital and child support, custody, or division of marital assets are inherently sensitive. In family disputes, we draw upon our extensive mediation experience to help clients find common ground before litigation.

Real estate and housing disputes

Whether you are buying land, building a home, renovating, or co-owning an apartment, house, or storage unit, unforeseen issues can arise. Our office regularly handles cases involving real estate defects and claims. We also provide legal support in conflicts between co-owners, whether in a homeowners’ association or a community property setting.

Labour disputes

Workplace conflicts, wage disputes, and employment termination cases are common grounds for employee claims against companies. We focus on finding solutions, ideally through out-of-court settlements. 

SERVICES WITHIN THE SCOPE OF SPECIALIZATION

Commercial disputes 

Common causes of commercial disputes include breaches of contractual obligations, inadequate quality of products or services, and disagreements over invoicing and payments. Our practice most frequently addresses the following areas:

Corporate and shareholder disputes

Generally speaking, partners are typically entrepreneurs focused on business—not on conflicts or litigation. However, as a company grows, differing views on its long-term direction or business management often arise. In such cases, a well-drafted shareholders' agreement can often prevent disputes.

Some of the common disputes we handle in the absence of such agreements include disputes among partners, disputes concerning the expulsion of a partner or withdrawal from the company, and the mandatory buyout of a shareholding. We bring extensive experience in various disputes related to the operation (or dissolution) of a company, decisions made by the general meeting, squeeze-out disputes, and conflicts arising from the misuse of authority by a managing individual.

Disputes related to leasing, ownership, or construction

Unclear lease agreements, unenforceable contractual terms, or complex cross-border negotiations with unfavorable conditions for the local market are recurring issues in our practice.

Recently, we have addressed these topics frequently. We provide legal support to our clients in construction projects and represent them in disputes over leases or the purchase of real estate or land.

Disputes between contractors and clients

Do you have a contract with numerous warranties and assurances that don’t align with reality? Disputes over the supply of equipment, additional work, transportation, or mutual obligations between contractors and subcontractors are among the most common cases we handle.

These disputes can often be avoided through thorough pre-contract negotiations and clear agreements on handling specific scenarios if they arise. When a delivery fails to meet expectations, it is often due to an inappropriately drafted contract and performance terms.

REFERENCE PROJECTS

SERVICES WITHIN THE SCOPE OF SPECIALIZATION

Imminent bankruptcy and insolvency proceedings 

Financial difficulties leading to defaults or over-indebtedness require strategic and swift intervention. We provide our clients with advisory services on insolvency and related disputes and work closely with tax experts. 

Strategic legal services in restructuring

When a company faces imminent bankruptcy, two scenarios are always possible: bankruptcy followed by liquidation or the company’s recovery—whether informally, through negotiations with creditors and adjustments to internal processes, or formally, through reorganization or preventive restructuring.

Our insolvency team has extensive experience with each of these approaches and can propose solutions tailored to your business’s specific needs. In these cases, the sooner you seek advice, the better. 

Legal support and evaluation for creditors

We provide comprehensive legal representation to creditors before and during the insolvency process. Our services include representing clients in negotiations with creditors, assisting in claim filings, and securing collateral during insolvency. We safeguard our client’s interests against other creditors or the insolvency administrator and represent them in incidental disputes. 

Defense of debtors against unjustified claims

During insolvency proceedings, it is not uncommon for illegitimate claims to be filed against debtors. We defend debtors against vexatious insolvency petitions or fraudulent claims, frequently representing them in incidental disputes.

SERVICES WITHIN THE SCOPE OF SPECIALIZATION

Financial market litigation and financial intermediation

These disputes cover various situations where individuals or entities in the financial market may be in conflict over money, contracts, or regulations. With timely involvement, a skilled attorney can often prevent conflicts in each of these areas. We represent clients in a range of contexts—during out-of-court negotiations, in mediation or arbitration, and in court proceedings.

Damage claims

These disputes arise when a financial market participant, such as an investment firm representative or securities trader, doesn’t fulfill their duties, therefore causing harm to another party. The injured party may then seek compensation for damages.

Insurance disputes with insurance intermediaries

These cases occur when an insurance intermediary (such as an insurance agent) fails to fulfill their duties properly. It can potentially lead to financial losses for the client. In such instances, the client may pursue a compensation claim.

Disputes before a financial arbitrator

The financial arbitrator is an independent body that resolves disputes between customers and financial institutions outside of court. Common issues in these disputes include miscalculated interest, fees, or poorly administered financial products.

Disputes between customers and securities issuers

Securities issuers are companies that issue stocks or bonds. Disputes may arise when investors feel they were misinformed or that the issuing company has not met its obligations.

Disputes between tied agents and investment intermediaries

Tied agents are individuals or firms that operate on behalf of investment intermediaries or securities dealers. Disputes can occur if there is a failure to adhere to agreements or misunderstandings regarding obligations and rights.

Disputes arising from the sale of shares and interests

Disputes in mergers and acquisitions (M&A) can involve a variety of issues, such as inadequate disclosure or concealment of risks during due diligence, false representations and warranties, failure to meet contractual obligations, or disagreements over the valuation of the company.

SERVICES WITHIN THE SCOPE OF SPECIALIZATION

Litigation is one of our firm’s key specializations

This specialization is led by two of the firm’s partners, Richard Feichtinger and David Fyrbach. Our attorneys bring extensive experience in litigation, not only from the perspective of representing one of the parties but also in a broader capacity. Richard oversees expertise in general practice, construction law, and litigation. He leads our insolvency and restructuring team and is a highly regarded mediator.

Our firm also possesses substantial experience in arbitration, both as counsel to disputing parties and in the role of arbitrator. David Fyrbach is listed as an arbitrator with the German Arbitration Institute, the Arbitration Court attached to the Chamber of Commerce and Agrarian Affairs, and VIAC.