Conflict Resolution
Conflict prevention Conflict Resolution Litigation
We advise and represent clients with regard to the enforcement or defense of claims in commercial law disputes.
Our working premise is that the best conflict is a conflict that is avoided. Therefore, we also support clients preventively in the assessment of complex situations, in the analysis of interests and their balanced consideration, already at the conclusion of a contract.
However, if there is no alternative, we will enforce client’s interests with all of our energy, whether in civil proceedings or arbitration, whether nationally or internationally.
Our focus is on the defense against and assertion of liability claims, also in the context of insolvency proceedings.
Conflict prevention
- Agreement or disagreement: Working through complex cases, identifying and weighing interests and risks when asserting or defending a claim
- Drafting settlement agreements to avoid conflict
Out-of-court conflict resolution
- Support and assistance in negotiations
- Assistance in mediations and conciliation proceedings as party representative and mediator
Arbitration and litigation
- Pre-trial protective measures, in particular preliminary injunctions
- Conducting (international) arbitration proceedings as party representatives and arbitrators
- Conducting independent proceedings for the taking of evidence
- Litigation
- Coordinating different lawyers in different jurisdictions
- Enforcement
Specialization
- Directors’ and officers’ liability (D&O), in particular with reference to insolvency
- Product liability
- Major losses
- Corporate litigation, in particular post-M&A disputes
- Commercial law disputes
- Cross-border litigation
References *
- Court and out-of-court representation of various rail transport companies, lessors and service providers in the context of large-scale incidents (property damage and personal injury as a result of accidents involving passenger and cargo trains)
- Development and negotiation of a compensation concept after an industrial accident
- Dispute following the acquisition of a non-performing loan valued at several hundred million euros
- Representation of insolvency administrators and trustees regarding the enforcement of liability claims and claw back actions
- Defense of (former) executive bodies against liability claims
- Major bank and car manufacturer in numerous disputes, often in court, with insolvency implications
- Steel mill on the defense of claims against an electricity company
- Legal support regarding the recourse of recall costs in the automotive industry as part of contentious proceedings
- Acting as party representatives and arbitrators in various arbitration proceedings (DIS, ICC, ad hoc)
- Strategic conceptualization, arbitration and out-of-court enforcement of claims of an insolvency administrator against 100 companies from numerous European countries (international commodity trading)
- Post M&A dispute after a power plant purchase
*KJK was newly founded on 01.01.2021 as an association of experienced lawyers. The references partly refer to mandates that were handled by KJK partners or employees before the foundation of KJK.