Dispute Resolution and Litigation Representation

We represent companies and entrepreneurs in commercial law disputes before state courts and arbitration tribunals. Much is decided even before the first complaint is filed: which forum is competent, what evidence is available, and whether a statute of limitations is imminent.

The Assessment Before the Dispute

Before a lawsuit is decided, we clarify three things. First: What claims exist, and are they still enforceable? Limitation periods can run unnoticed, and a suspension requires an effective measure, not just a letter. Second: What evidence is there, and where is it located? Third: What is the opposing party financially capable of paying? A judgment against an empty company is expensive paper.

From these three answers, the path emerges — and often it indicates that a negotiated solution is more beneficial than a legal proceeding.

State Court or Arbitration

In German courts, the procedure is public, multi-stage, and the cost risk is well calculable, as fees are based on the amount in dispute. However, the enforcement of a German judgment in Turkey requires a recognition procedure, which brings its own time and its own points of attack.

In contrast, an arbitration award is easier to enforce internationally: Both states are contracting parties to the New York Convention, which significantly standardizes the recognition of foreign arbitration awards. The procedure is non-public, arbitrators can be selected based on their area of expertise, and there is usually no second instance. However, one bears the costs of the court themselves, and they are disproportionately high for low amounts in dispute.

For German-Turkish contracts, institutions such as the German Institution of Arbitration, the International Chamber of Commerce, and the Istanbul Arbitration Center are among the options. The choice belongs in the contract — parties in dispute rarely agree on this afterwards.

Interim Legal Protection

Sometimes everything is decided in the first days. Where assets are shifted, trade secrets are exploited, or a non-compete clause is violated, the interim injunction is a sharper instrument than the main action. It requires urgency — those who wait too long lose it — and a demonstration of credibility that does not require witness testimony.

We prepare such applications in a way that they can be issued without a hearing of the opposing party, while also anticipating that the injunction will be challenged.

Typical Scenarios

The Payment Default in Foreign Business. The goods have been delivered, the invoice is outstanding, and the debtor is in another country. Here, the contract design determines whether there is a swift way forward — and whether securities have been provided that can be accessed.

The Shareholder Dispute. Challenges regarding resolutions, claims for information, removal, and withdrawal are interconnected and subject to tight deadlines. Those who miss a challenge deadline lose rights permanently.

Product Liability Along the Supply Chain. A defect at the end customer triggers chains of recourse, each stage having its own limitation periods and liability restrictions. It is crucial to secure early that claims can be passed up the chain.

Securing Evidence Before It Disappears

In commercial disputes, the decisive evidence often exists in electronic form — in mailboxes, systems, chat histories. Such data is routinely deleted, not out of malice, but according to retention routines. Those who foresee a dispute should suspend these routines early and secure the evidence.

In technical matters, an independent evidence procedure may be considered: A court-appointed expert establishes the condition before it changes or a defect is remedied. This procedure simultaneously suspends the statute of limitations and is often the more cost-effective way, as its result remains usable in a later process.

Settlement Instead of Judgment

Most commercial disputes do not end with a judgment, but with a settlement. This is not a failure, but often the better outcome: A settlement can be enforced immediately, costs no further instance, and allows for arrangements that a court could not pronounce — such as a continuation of the business relationship under new conditions. We negotiate settlements with the same preparation as an oral hearing.

Related to This Consultation

Where a procedure is imminent, we also examine extrajudicial avenues and include economic criminal defense in cases with criminal law references. In disputes arising from contracts that we did not draft ourselves, the analysis of the clauses belongs at the beginning — not infrequently, a formulation decides the entire case.