Litigation, Debt Collection, Expert Witnesses and Arbitration in Germany

Cross-border business relations with Germany may give rise to legal disputes with an international component.

As a rule, the first question that arises in a cross-border dispute is the issue of the competent jurisdiction with regard to both the subject matter and the location.

Specific procedural arrangements will apply if the dispute is brought before an arbitration tribunal in Germany or a court under German jurisdiction in application of the rules of contractual or international jurisdiction.

In addition to legal consulting, our team of attorneys with intercultural experience will also help you with practical support in the following procedural areas in Germany.

Services in the Area of Litigation, Debt Collection, Expert Witnesses and Arbitration Team in Germany

  • Recovery of debts from German debtors and sale of collateral in Germany
  • Assertion and defence of claims against companies in German insolvency proceedings
  • Amicable resolution of disputes with opposing parties in Germany
    Negotiations, preparation and monitoring of the execution of settlements
  • Representation in corporate law proceedings in Germany (local court, regional court, higher regional court)
    Conciliation hearing, summary proceedings, pleadings, oral proceedings at first instance and on appeal
  • German and international conciliation and arbitration proceedings
  • Expert opinions (Sachverständigen-/ Beweissicherungsverfahren) in Germany
  • Sworn translations of German and French documents

Contact Partners for German Law on Litigation, Expert Witnesses and Arbitration in Germany

Did you know that in Germany…

  • unlike in France, there are no separate commercial courts? Instead, there are specific chambers for commercial matters in the German civil courts, as is the case, exceptionally, in France in Alsace and Moselle. These chambers for commercial matters are composed of professional judges in the German court.
  • witnesses are usually heard orally in German court proceedings, unlike in France?
  • pleadings must be submitted to the German courts in German? Where relevant, a German judge may order that evidence produced in French be translated into German and certified by a sworn translator.
  • unlike in France, the plaintiff is required to pay an advance on legal costs based on the value of the dispute before German court proceedings are initiated? In Germany, defendants are served court documents only if the plaintiff has paid the advance on court costs.
  • Procedural law in Germany normally provides for reimbursement of costs to the party that wins the case?
  • documents are served in Germany by the court rather than by bailiffs (Gerichtsvollzieher)?

Our German-French Team for Litigation, Debt Collection, Expert Witnesses and Arbitration in Germany

Michael Ott
Rechtsanwältin - Of Counsel