Dispute resolution: commercial litigation in Austria

Binder Grösswang

Binder Grösswang's 'excellent commercial dispute resolution team' acts for leading players in a plethora of industries including IT, automotive, financial services, utilities, infrastructure, construction, supply chain and the public sector. Many of the disputes handled by the group involve insolvencies, for instance acting for the former creditors of Heta, or allege fraud. The 'excellent' Christian Klausegger leads the department and Stefan Albiez has expertise in defending banks against claims issued by investors. Ingebord Edel and attorney-at-law Elisabeth Tretthahn-Wolski are also noted.

Practice head(s):

Christian Klausegger

Other key lawyers:

Stefan Albiez; Michael Kutschera; Ingeborg Edel; Clarissa Nitsch; Elisabeth Tretthahn-Wolski

Testimonials

The advice is provided promptly, attorneys are always available for discussion, the cooperation is very pleasant, easy and efficient as attorneys have perfect knowledge of the Austrian law and speak fluent English. The balance of the cost and quality of services is perfect.

High quality output, highly motivated and reliable, in depth knowledge, hands on mentality, great handling of difficult situations.’

Excellent dispute resolution team, very high professional standard, with a strong strategic focus.

The team of Binder Groesswang especially Ingeborg Edel are very professional. You will in good hands all the time. They meet every deadline. They remind you if something is outstanding.

Great problem-solving skills, high availability and reliability throughout the case. Pragmatic approach and strong focus on economically reasonable solutions.

Ingeborg Edel – she is just exceptional.

We appreciate that Christian Klausegger and Elisabeth Tretthahn-Wolski are personally involved in all legal matters they handle for us, they pay attention to every detail and always are very flexible in finding solutions of our legal problems.

Christian Klausegger and Elisabeth Tretthahn-Wolski are excellent lawyers with a strong client oriented focus. They are able to handle multi jurisdictional cases as well local Austrian ones, always with a strong strategic approach. They are well connected in the Austrian market, very responsive and have the necessary technical understanding and skills to manage also complex IT disputes.

Key clients

City of Vienna

Commerzbank AG

UniCredit Bank Austria

Province Upper Austria

Erste Bank

PIMCO

Renault

NOKIA

KIA

Russian Federation

Work highlights

  • Representing the Russian Federation in the “Vodka Dispute” before the Supreme Court.
  • Represented a car manufacturer in a dispute where the bonification system for the entire Austrian distribution network was at stake.
  • Acting for major public players including the City of Vienna in large private enforcement proceedings against participants in the elevator cartel.

DORDA Rechtsanwälte GmbH

Considered a 'leading practice', the team at DORDA Rechtsanwaelte GmbH handles the full range of commercial and corporate law disputes. Florian Kremslehner heads the overall dispute resolution group, as well the commercial litigation department. Felix Hörlsberger, who provides 'clear and pragmatic advice', leads the insurance defence litigation team, which is regularly instructed as monitoring counsel in high-volume liability and coverage disputes. Bernhard Rieder is the key name to note when it comes to mass litigation mandates. Stephan Steinhofer is another key practitioner.

Practice head(s):

Florian Kremslehner

Other key lawyers:

Felix Hörlsberger; Andreas Zahradnik; Bernhard Rieder; Georg Jünger; Stephan Steinhofer; Alexander Karl

Testimonials

Leading practice with broad focus, including D&O.

Felix Hörlsberger provided clear and pragmatic advice. He was able to focus on the key issues as distinct from others with whom I have worked.

Key clients

BAWAG

Immofinanz

Chubb

FWU

Kwizda

Esterhazy Group

XL

Eduardo Saverin

Atrium

Brush holding Ltd

SA Dexia Credit Local

Wirecard

G4S Secure Solutions

Work highlights

  • Acting for Bawag PSK in proceedings against the City of Linz.
  • Acted for Immofinanz-Group, one of the top five market-listed real estate companies in Europe, on its settlement with more than 4,000 investors and representing the client in several civil and criminal proceedings against former board members and others.
  • Representing Chubb as D&O insurers of Facc, a listed Austrian manufacturer of (parts of) aircrafts, in a high-stakes D&O case.

KNOETZL HAUGENEDER NETAL

Considered a heavyweight in the commercial litigation area, KNOETZL HAUGENEDER NETAL's large team is renowned for its work at the interface between commercial law and criminal law as well as for its asset tracing capabilities. Name partner and department head Bettina Knoetzl focuses on international and commercial litigation, specifically investor protection, liability claims, corporate disputes, insurance and financial derivatives as well as life science cases. Katrin Hanschitz, Valentina Spatz, Natascha Tunkel and Thomas Voppichler are other names to note.

Practice head(s):

Bettina Knoetzl

Other key lawyers:

Katrin Hanschitz; Tim Pfister; Valentina Spatz; Natascha Tunkel; Thomas Voppichler; Judith Schacherreiter

Testimonials

Knoetzl provide thorough and practical Austrian legal advice. They are able to grapple with complex legal and academic issues and produce advice which is practical and easily understandable.

Compared to other Austrian firms Knoetzl can live up to the expectations of an international law firm seeking local counsel in Austria, in particular in terms of responsiveness, reliability and quality of the work product.

The team is solution oriented and also considers aspects that are not pure litigation questions; they think broader than required for the litigation (e.g. communication).

Katrin Hanschitz and Bettina Knoetzl are personable and are able to correspond in both German and English to a very high level. They have also been willing to deal with difficult issues in a firm manner, particularly when discussing complex disputed points with other lawyers.

Bettina Knoetzl made herself available whenever needed and was always on top of the case.  In addition, she displays a thorough knowledge of the case and the law and is always on the lookout to business-friendly solutions.  

Key clients

Stadtwerke Klagenfurt

Oesterreichische Staatsdruckerei

Bayer

Work highlights

  • Representing a client in an injunction to prevent a high-value bond issuance.
  • Acting for a client in the global enforcement of a $2bn judgment.
  • Defending a Russian oligarch accused of money laundering in a major dispute with the Russian government.

Cerha Hempel

Cerha Hempel's commercial litigation practice saw an uptick in instructions relating to shareholder disputes, post-M&A disputes and insurance as well as malpractice cases, with warranty and damage matters as well as construction and tenancy litigation cases still forming an integral part of the caseload. Irene Welser leads the team and Michaela Siegwart was promoted to partner in January 2019.

Practice head(s):

Irene Welser

Other key lawyers:

Michaela Siegwart; Bernhard Wychera; Alexandra Stoffl; Katharina Majchrzak

Testimonials

Particularly outstanding is the ability to obtain a comprehensive overview within the shortest possible time when taking over cases that have been pending for several years and to ask and answer the decisive legal questions at the same time.

Extensive expertise, highly professional cooperation and based on mutual trust.

Work for the integrity of legal practice and not focus on the income that can be achieved from the service.

The unique feature is that all options for regulation or defence against claims are always identified and evaluated during the initial test. Then the tactics are discussed and the common procedure is determined. Irene Welser’s and Michaela Siegwart’s team never lose sight of the big picture and keep an eye on what is important.

Michaela Siegwart – excellent legal expertise as well as excellent conduct of legal cases. 

Key clients

SPAR Österreichische Warenhandels-AG

INTERSPAR Gesellschaft m.b.H.

UNIQA Versicherungen AG

ASFiNAG

SmartStream Technologies Limited / SmartStream Technologies GmbH

WERKSTATT WIEN Spiegelfeld ZT G.m.b.H.

HERVIS Sport- und Modegesellschaft m.b.H.

DIE ERSTE Leasing Immobilienverwaltungs- und vermietungsgesellschaft m.b.H.

ÖBB-Infrastruktur Aktiengesellschaft

Kallesoe Machinery A/S

PORR Group

McDonald’s Gesellschaft m.b.H

St. Anna Children Hospital

Immovate

Work highlights

  • Representing Spar Österreichische Warenhandels in a series of contentious disputes against another well-known European retailer.
  • Acting for SmartStream Technologies Limited/SmartStream Technologies GmbH, a financial software provider, in two internal embezzlement cases against former employees.
  • Representing Werkstatt Wien Spiegelfeld ZT in a dispute concerning the collapse of a chocolate factory.

CMS Reich-Rohrwig Hainz Rechtsanwälte GmbH

CMS Reich-Rohrwig Hainz Rechtsanwälte GmbH serves clients from a wide variety of industry sectors such as banking, finance, construction, energy, engineering, technology, media and communications, automotive, transport, culture as well as education. Led by Johannes Reich-Rohrwig and Daniela Karollus-Bruner, the team handles court and public administrative proceedings.

Practice head(s):

Johannes Reich-Rohrwig; Daniel Karollus-Bruner

Other key lawyers:

Thomas Böhm; Arno Zimmerman; Peter Machherndl

Testimonials

I was mesmerized by the capability to break down complex legal questions into a clear, stringent legal strategy. The speed how challenging issues were identified and handled was amazing. As the team is small you receive excellent value for money.

DLA Piper Weiss-Tessbach

DLA Piper Weiss-Tessbach's sizeable team is well equipped to handle large-scale and multi-jurisdictional proceedings, particularly under US law. In addition, the group has financial services disputes at its core, acting for Austrian and international banks. Claudine Vartian leads the commercial litigation department, which also stands out for its pro bono litigation practice. David Christian Bauer is also noted.

Practice head(s):

Claudine Vartian

Other key lawyers:

David Christian Bauer; Armin Hendrich

Testimonials

The team is goal-oriented which is highly appreciated. The team has, besides legal, excellent business knowledge and great insight into the economic environment. The team is very responsive and able to provide business-oriented advice which the clients appreciate. Another important strength is strategic approach.

The team of DLA Piper (Vienna) has an excellent capability in both litigation and arbitration. They thoroughly analyse each and every step of the arbitration process and have a pro-active approach in leading the case. 

Key clients

Mondelez

UniCredit Bank Austria

Work highlights

  • Acting for a global insurance company in over 100 proceedings in Austria.

Freshfields Bruckhaus Deringer

Schoenherr (Schönherr Rechtsanwälte)

Christoph Lindinger and Andreas Natterer jointly lead Schoenherr (Schönherr Rechtsanwälte)'s commercial litigation practice with Natterer specialising in product liability claims, compensation for damages, distribution agreements and life sciences litigation. Insolvency, commercial, white-collar criminal law and compliance expert Wolfgang Höller acts for Austrian and international corporates as well as commercial banks in Austria. Counsel Klara Kiehl is also noted. The team also handles pro bono work.

Practice head(s):

Christoph Lindinger; Andreas Natterer

Other key lawyers:

Wolfgang Höller; Leon Kopecký; Klara Kiehl; Bojana Vareskic; Sara Khalil; Iliyana Sirakova

Testimonials

Schoenherr Rechtsanwälte has very talented and extrem highly motivated experts in each field, which I have ever worked with. They have a pragmatic approach, are fast and cost efficient.

Excellent knowledge, good client relationship, fast responses and perfect negotiation skills.

An outstanding individual for us is Bojana Vareskic. This woman is one of the brightest, most talented, and smartest lawyers we have ever seen and worked with. She possesses not only excellent knowledge, she has an incredible in depth knowledge. Bojana is truly an excellent negotiator. She makes the impossible possible. For us she is the diamond among the other gemstones.

Key clients

Facebook Ireland Ltd

KONE

Association of Turkish Freight Forwarders, Istanbul Lojistik

immigon portfolioabbau AG

Red Bull

Uber B.V.

Work highlights

  • Acting for a global online social media and social networking service company in a number of litigation cases in Austria.
  • Representing Uber in unfair trade practice proceedings brought by a competitor.
  • Representing a number of Austrian insurance providers in follow-on consumer litigation regarding withdrawals from life insurance contracts.

Vavrovsky Heine Marth Rechtsanwälte

Philipp Strasser, who leads Vavrovsky Heine Marth Rechtsanwälte's 'highly sophisticated' commercial litigation team together with name partners Nikolaus Vavrovsky and Dieter Heine is a favourite among national and international blue chip insurers in domestic and cross-border cases. The group boasts a broad range of expertise with clients from the real, estate, construction and infrastructure sectors instructing the team, but also those operating in banking and finance, infrastructure, energy as well as investment. Attorney-at-law Nina Sterzl is also noted.

Practice head(s):

Nikolaus Vavrovsky; Dieter Heine; Philipp Strasser

Other key lawyers:

Anne-Karin Grill; Nina Stiglitz; Jan Philipp Meyer

Testimonials

Top insurance litigation practice led by Philipp Strasser.

The team from Vavrovsky Heine Marth is highly sophisticated, service oriented and dedicated to go the extra mile for their clients. The quality of work is simply extraordinary. They deliver outstanding results, work great under time pressure and handle even the most complicated issues in an astoundingly timely manner. The strength-in-depth and talent of each team member is outstanding. In our industry Vavrovsky Heine Marth stand out in expertise and service orientation.

Philipp Strasser and his team is very service orientated and knows the needs of his clients. He is absolutely willing to understand his clients’ business and to learn more about our expectations. The response times and the accessibility is perfect.’

The team around Philipp Strasser makes Vavrovsky Heine Marth one of our preferred partner firms on the market especially with regard to insurance and corporate law related services. They are extremely proactive and handle matters efficiently. The team expertly manages matters, every team member is highly professional and continuously delivering strong performance. They excel in client orientation and personal dedication.

The team delivers an outstanding performance in all areas of our cooperation, there is an extraordinarily high degree of identification with the tasks at hand, competence and great commitment paired with comprehensive knowledge and first class consultation. The development of suggestions and resolution always has a very short processing time. The working relationship is trusting and the output always more than satisfactory as goal-orientated problem solving never gets out of focus.

With regard to legal expertise, experience and economic understanding the firm is definitely among the big players on the Austrian market. Moreover, the Dispute Resolution team around Philipp Strasser offers cutting-edge services in insurance and corporate litigation and arbitration matters. Here, they are absolute market leaders. In addition, the firm sets itself apart in service orientation, the partners are personally and directly available at any time, the flexibility and short response times are impressive. They efficiently get to the heart of matters and are determined to achieve the best results for their clients, not only legally but also economically.

Nikolaus Vavrovsky is an outstanding legal professional, right at the top of his peers. He is particularly strong in real estate and construction-related disputes, a bright strategist with exceptional commercial judgement. Being exceptionally detailed oriented and forward thinking, he never loses sight of the big picture no matter how complex a case. He handles matters efficiently and finds ways to secure the best outcomes for his clients, a real problem solver with a strong presence and great communication skills. Nikolaus is an invaluable partner to us, proactive and completely reliable. Someone you can always count on.

Dieter Heine has an excellent standing on the market. His understanding for our industry, his comprehensive knowledge in dispute resolution as well as his specialization on media and competition law were the reasons we opted for him and his firm. I am impressed by his professional and personal service. Dieter Heine is efficient and a creative thinker, never misses a detail and quickly connects the dots.

Key clients

Arno Hirschvogl Steuerberatungs GmbH

Franz Basdera

echo medienhaus ges.m.b.h.

Häusermann GmbH

HBI-Bundesholding AG (HBI-BH) and its subsidiaries

immigon portfolioabbau ag

LVMH Group (LVMH Moët Hennessy – Louis Vuitton

Manfred Raab and Raab&Raab Group

medlog Medizinische Logistik und Service GmbH

Moser Holding AG

ÖBB-Infrastruktur AG

Strauss Immobilien Treuhand GmbH

Strong Ges.m.b.H. and subsidiaries

Superfly Radio GmbH

Taxi 40100 Taxifunkzentrale GmbH

VB Real Estate Eins GmbH

Work highlights

  • Acting for Taxi 40100, the largest radio taxi network in Austria, in a highly complex and long-running unfair competition law dispute against Uber.
  • Representing a major Austrian medical logistics provider in an unfair competition law dispute against the largest Austrian hospital groups.
  • Representing one of the leading manufacturers and distributors of TV and reception equipment in a cross-border trade mark dispute against Sky International.

Wolf Theiss Rechtsanwalte GmbH & CoKG

Wolf Theiss Rechtsanwalte GmbH & CoKG' 'very dedicated' commercial litigation team has expertise across numerous practice areas, including IP/IT, employment, regulatory, construction, procurement and corporate. Additional stand-out features of the commercial litigation department is its involvement in high-profile cross-border disputes and the cooperation between the civil law and white-collar criminal departments. The team, which is led by Clemens Trauttenberg, handles corporate and shareholder disputes, asset tracing, financial services and banking litigation, product liability litigation, private enforcement, distribution law litigation, insurance litigation and interest groups claims, among other matters. Holger Bielesz, Valerie Hohenberg and Eva Spiegel are other names to note.

Practice head(s):

Clemens Trauttenberg

Other key lawyers:

Holger Bielesz; Valerie Hohenberg; Eva Spiegel; Markus Taufner; Florian Pechhacker; Alexander Zollner

Testimonials

The office has access to international partners, which is used without any complications.

It is a very dedicated team that also works very personally for the needs of the client.

Key clients

National Bank TRUST

KA Finanz AG

Petro Welt Technologies AG

Aurea Software FZ-LLC

T-Mobile Austria GmbH

Barclays Bank PLC

VGH Versicherungen

Work highlights

  • Representing National Bank Trust in a $61.264m dispute in Austria  
  • Acting for KA Finanz in a legal dispute regarding D&O insurance coverage for damages caused by its former managing directors in the wake of the financial crisis.
  • Representing Petro Welt Technologies in a dispute against the former members of the management board regarding the re-payment of unlawful golden parachutes in the amount of €1.5m.

Baker McKenzie • Diwok Hermann Petsche Rechtsanwälte LLP & Co KG

With a focus on the SEE region, Baker McKenzie • Diwok Hermann Petsche Rechtsanwälte LLP & Co KG acts for clients in disputes arising out of financial distress, restructuring and insolvency proceedings, but also handles private enforcement matters. Alexander Petsche, who has specific expertise concerning contentious distribution law, particularly termination payments and damage claims for investments, leads the commercial litigation department together with Filip Boras.

Practice head(s):

Alexander Petsche; Filip Boras

Testimonials

Their commitment, preparation and, above all, winning attitude in a ethical manner all contributed to our victory. The preparation was of the highest order.

Filip Boras was extraordinary.

Key clients

FCC Construcción S.A.

Schindler Elevator and Escalator Group

MBI & Partners U.K. Ltd. and affiliated JJW hotel companies

Work highlights

  • Representing FCC Construcción in a dispute relating to the insolvency of the Alpine Group.
  • Defending Schindler against private enforcement claims in Austrian and European courts.
  • Representation of MBI and JJW in 13 proceedings before Austrian courts. Among other things, the proceedings concern a failed luxury hotel project in Vienna and the sale of a premium shopping centre in the city of Vienna.

Brandl & Talos Rechtsanwälte GmbH

At its core, Brandl & Talos Rechtsanwälte GmbH represents banks, insurance companies and financial service providers advising clients on financial and insurance products. However, in recent times the firm has noted an uptick in corporate work, frequently in connection with capital market issues as well as proceedings against consumer protection associations challenging general terms and conditions, for instance in relation to securities and other banking products. Ernst Brandl, Christopher Schrank and Christian Lenz are the practice heads.

Practice head(s):

Ernst Brandl; Christopher Schrank; Christian Lenz

Testimonials

Quick response time and pragmatic approach.’

This firm brings a combination of excellent litigation expertise, and experience in working with complex cases and acting in high-profile commercial disputes in Austria. They are highly trusted in the area of commercial civil and criminal proceedings. The fact that Brandl & Talos are both excellent business lawyers and experienced litigators makes their advice highly effective. Their experience with the Austrian capital market is also very valuable. Brandl & Talos’ experience also shows in their ability to conduct settlement negotiations: on the one hand, they are very competent and know the ins and outs of complex financial instruments and business structures; on the other, there is also a lot of human emotional intelligence, both in handling the opponents, and in communicating with me as a client.

Highly qualified lawyers who also provide human kindness. it is an unusual mixture.

Christopher Schrank is an excellent litigator, he has a very strong presence in court and during negotiations and, as the length of our relationship (since 2008) shows, provides effective and professional representation that I am always happy to rely on. His professionalism also shows in his manner with clients, and in the clarity of his advice, both written and oral. When receiving his advice, I feel that he has complete mastery of these complex legal and business matters, yet at the same time I am able to follow and feel on top of what is going on in my proceedings, thanks to his clarity. He has built a good team around himself, and they have never disappointed me.

Fellner Wratzfeld & Partners

Fellner Wratzfeld & Partners takes an integrated approach when it comes to commercial litigation, combining expertise from areas including banking and investor litigation, corporate and regulatory disputes. The team surrounding practice head Gregor Schett is best known for representing banks and companies before courts in Austria and abroad with the work encompassing disputes on post-M&A, joint ventures, financing, capital market transactions and insolvencies. Markus Fellner is also noted.

Practice head(s):

Gregor Schett

Other key lawyers:

Markus Fellner; Stefan Adametz; Veronika Seronova; Patrick Andrieu; Elisabetz Fischer-Schwarz; Wolfgang Gabler; Stefan Sallat; Thomas Ortmaier; Pavel Bachleda;

Key clients

BAWAG P.S.K.

Raiffeisen Landesbank NÖ-Wien AG

Work highlights

  • Acting for Raiffeisenlandesbank Niederösterreich-Wien in comprehensive litigation against hundreds of investors asserting claims based on faulty investment advice when acquiring a share in so-called “closed funds“.
  • Representing Bawag P.S.K. in collective proceedings against a consumer protection organisation and the Federal Chamber of Labour on the subject of fees for cash withdrawals at ATM machines operated by independent operators.

Graf & Pitkowitz

With 'in-depth knowledge and experience of the substantive issues and procedural requirements', Graf & Pitkowitz's commercial litigation team is involved in recognition and enforcement proceedings, class actions and shareholder disputes. An area of increased activity is its work for China-based entities doing business in Austria. 'Great leader, tactician and strategist' Nikolaus Pitkowitz is the practice head.

Practice head(s):

Nikolaus Pitkowitz

Other key lawyers:

Anna Katharina Radschek; Roxanne de Jesus

Testimonials

Graf & Pitkowitz’s litigation team has in-depth knowledge and experience of the substantive issues and procedural requirements. The team has a very practical hands-on approach and effectively manages communications with various stakeholders in litigation including the court, opposing counsel and the client.

The team is very experienced in both arbitration, litigation, and enforcement (execution). They are well versed in the law and, at the same time, very practical.

Nikolaus Pitkowitz provides astute legal advice and practical input.

Nikolaus Pitkowitz is a great leader, tactician and strategist.

Key clients

McArthurGlen

Calunius Capital LLP.

Integral-Montage Anlagen- und Rohrtechnik Gesellschaft m.b.H.

Facebook Ireland Limited

Yahoo!

General Dynamics

Kinve Solar Power

BAB Bankas Snoras

IWG Management (Austria) GmbH (Regus Group)

Work highlights

  • Representing McArthurGlen in lease-related disputes for the Group’s 290 stores in Austria.
  • Advising a leading third-party funder on high-value commercial litigation funding.
  • Representing a global leading media company in data protection litigation pending in Austria.

PHH Rechtsanwälte

PHH Rechtsanwälte enjoys a good reputation for corporate disputes and international enforcement cases, with work including the enforcement of corporate loans, and is increasingly engaged in larger-scale litigation, for example for banks and real estate clients. The department, which is led by Sebastian Mahr, also excels in cases in the insurance sector. Mathias Preuschl is also noted.

Practice head(s):

Sebastian Mahr

Testimonials

The team is highly professional, responsive and easy to deal with. Straight to the point communication.’

Generally, they advised with speed, completeness, expertise and authority on all of the necessary issues.

Sebastian Mahr (IT/IP, competition law), a quite young but excellent lawyer.

Sebastian Mahr is an excellent and ambitious lawyer. Another outstanding lawyer at PHH is Matthias Preuschl.

Matthias Preuschl is always available. He is considering commercial relationships with customers in his proposals beside the mere legal thoughts.

Key clients

HYPO NOE Gruppe Bank AG/HYPO Landesbank AG

Iveco Austria GmbH

UNIQA group

café+co group

UniCredit Leasing (Austria) GmbH

R+V Allgemeine Versicherung AG

Moser Holding AG

Sberbank Europe AG

EUROHERC Versicherung AG Zweigniederlassung Österreich

Work highlights

  • Representing, among others, Wolfgang Sedelmayer and Nikos Bakirzoglu inter alia in proceedings against a claim for repayment of a €4.5m loan granted by Wienwert Holding.
  • Acting for a private client, who has suffered damages of about €10m in a number of proceedings, including litigation relating to a €2m claim.
  • Acting for Iveco-Austria Gesellschaft in enforcing the financing approval to guarantee the successful processing of a part of the sale of 54 utility vehicles to a respected Austrian corporation, the financing bank issued approval for financing.

Saxinger, Chalupsky & Partners (SCWP Schindhelm)

Renowned in Upper Austria, Saxinger, Chalupsky & Partners (SCWP Schindhelm) is well versed in handling construction and post-M&A disputes acting for construction and engineering conglomerates, but also key players from the automotive and real estate sectors. A notable feature of the firm is its ability to serve clients in Asia, particularly through China disputes specialist Alice Meissner, and the CEE region. Markus Fellner leads the practice. Irene Meingast is also noted. Julia Spitzbart was promoted to counsel in 2019. Hanno Liebmann is also noted.

Practice head(s):

Markus Fellner

Other key lawyers:

Alice Meissner; Ria Kucera; Nina Pichler; Rupert Kreuml

Testimonials

Excellent commitment, excellent availability and excellent knowledge in commercial lawsuits.

Technically very strong. They work hard and appear totally committed to their client’s ’cause’, which is what a client wants in litigation. They are agile and imaginative in determining their litigation strategy, which I always like. Always looking for angles to enhance their client’s position, which is very important in complex, cross-border litigation. A lot of litigators in European civil law jurisdictions are quite process-driven. Hard-working but unimaginative and often lacking initiative when faced with, for example, intransigent judges or prolonged court timetables. SCWP, by contrast, have been a breath of fresh air in their proactive and imaginative approach to litigation strategy.

The team is certainly one of the top teams in our industry sector: straightforward and always to the point. They have a deep market knowledge and extensive professional experience. If we need them, they are available. They are value for money.

Hanno Liebmann is an outstanding expert and a reliable partner. We like his hands-on approach as well as his precise work. He knows everything but does not make a case more complicated than it is. Moreover, he is very strong in negotiations and court hearings.

Key clients

ASFiNAG – Autobahnen- und Schnellstraßen-Finanzierungs-AG

HDI Global SE (former HDI-Gerling Industrie Versicherung AG), HDI Versicherung AG (Prague) and Siemens s.r.o.

KTM AG / KTM Industries AG

Work highlights

  • Defending the state-owned company responsible for Austria’s highway networks (Asfinag) in litigation against a German construction giant arising from the redevelopment of the longest road tunnel in Austria.
  • Successfully represented HDI, a €4.6bn global insurance company, in out-of-court settlement negotiations with Austria’s state railway company ÖBB related to a major incident which caused damage to the roof of Vienna’s new main train station.

Taylor Wessing enwc Rechtsanwälte GmbH

Taylor Wessing enwc Rechtsanwälte GmbH is able to draw on its presence in the CEE/SEE region to serve clients in cross-border litigation with specialisations in practice areas including IP/IT, real estate as well as restructuring and corporate recovery. Wolfgang Kapek and Dieter Natlacen jointly lead the practice. Martin Prohaska-Marchried and Stefan Turic are also noted.

Practice head(s):

Wolfgang Kapek; Dieter Natlacen

Other key lawyers:

Martin Prohaska; Stefan Turic; Manuel Müllner

Testimonials

Taylor Wessing ensured an efficient handling of the dispute we had in Austria, ensured a good outcome for our business by providing practical solutions which resulted in an out-of-court settlement.’

The strength lies in the direct communication and rapid implementation of the client’s wishes.

The advice is always to the point & considers the commercially important considerations of our company. When giving advice they provide you not only with the legal aspects and limit it to the lawyer aspects but also to commercial facts (costs vs expected success/impact etc). Also excellent litigation know how compared to other average Austrian litigators. The team really knows the law without the need of previous intense research. You always get immediately an advice on the phone in case of urgency.

Taylor Wessing has a very professional and competent team. Furthermore there is a perfect availability and fast response which is very helpful in urgent cases.

Stefan Turic has an excellent on-the-ground knowledge. We appreciated to work with him and absolutely can recommend him for dispute resolutions in Austria.’

The team speaks our language in terms of everyone can understand them without the need having an Austrian law degree. Hence, they speak human which is highly appreciated and do not bother us with too lawyer-ish talks. When it comes to the excellent litigation know-how we want to mention Stefan Turic. He is an extraordinary skilled litigator and knows the litigation rules like we have not seen before. His skillset is especially obvious when he litigates your case in front of the court. Very strong litigator who counters objections from counter-party and/or the judge with convincing arguments and referring to the procedural rules. He is not afraid of a judge which we see as an asset. It seems he knows all the relevant rules and regularly convinces the court of our legal point of view.

Martin Prohaska is a brilliant and reliable lawyer especially in cases or claims regarding unfair competition practises. The processing times are very short, so that fast results can be achieved.

Beside his excellent knowledge, Wolfgang Kapek stands out in particular also through his great understanding of economic interrelationships. He adapts the peculiarities and specific requirements of the different business models and submits pragmatic and business-oriented solution proposals. This distinguishes him from most attorneys who focus solely on the legal aspects.

Key clients

LimeBike Germany GmbH

Bitpanda GmbH

Otto GRAF GmbH – Kunststofferzeugnisse

A1 Telekom Austria Aktiengesellschaft

Nestlé/Nespresso

NORSKE SKOGINDUSTRIER ASA, Norway

Lafarge Perlmooser GmbH

Lernquadrat

Erste Bank der österreichischen Sparkassen AG

Waldviertler Sparkasse AG

Infront Sports & Media

NADA National Anti-Doping Agency Austria

Ceskoslovenska obchodná banka, a.s

City of Banská Bystrica

EISMANN

Derag Livinghotels AG + Co. KG

ANEXIA (part of ANX Holding)

ACE European Group Limited

Vorwerk

Orange Brand Services Limited

Pisek – Vitli Krpan d.o.o.

AP&P Export & Consulting GmbH

Work highlights

  • Defending Pirelli Tyre in litigation against a tire dealer.
  • Representing Nespresso as claimant against Hofer KG (Aldi) in IP-related litigation.
  • Acting for Eternit-Werke Ludwig Hatschek in a dispute against Eternit Belgium.

Aigner Lehner Zuschin + Partner Rechtsanwälte

Within commercial litigation, Aigner Lehner Zuschin + Partner Rechtsanwälte focuses on investor disputes, representing institutional and private investors including communities and quasi-state companies. The team, under the leadership of Lukas Aigner and Johannes Lehner, is also known for the enforcement  of civil claims, for example in the context of bid processes.

Practice head(s):

Lukas Aigner; Johannes Lehner

Other key lawyers:

Georg Zuschin; Roman Taudes

Testimonials

Strong team – led by Lukas Aigner who is outstanding.

The team is very dedicated to their customers. They check and analyse a case from different sights. They work night and day on a case if it is time-critical.

Lukas Aigner – CEO, founder, real estate law expert, strong government know-how, good relations to press and know-how about public opinion and official cases.

Lukas Aigner is the founder and oversees the operation takes care of the cases in all aspects he works for personally.

Johannes Lehner pays attention to details and works hard for the clients.

Key clients

CA Immobilien Anlagen AG

Magistrat der Landeshauptstadt St. Pölten

Wiener Neustädter Stadtwerke und Kommunal Service GmbH

Stadt Wiener Neustadt

Magistrat der Landeshauptstadt Linz

Work highlights

  • Representing 60 policyholders that are financially impacted by an issue concerning whether the insurance company is entitled to modify the payouts determined in life insurance policies.
  • Acting for the city of Sankt Pölten in litigation against several subsidiary companies of UniCredit Bank Austria.
  • Representing a group of clients that invested in retirement investment products which failed; at the moment negotiations are ongoing to resolve the dispute amicably for the whole group of investors.

bpv Hügel

Handling cross-border commercial litigation cases before Austrian and European Union courts, bpv Hügel is active in the construction, industrial and network-based sectors, with the ability to draw on the expertise of colleagues from the corporate, M&A and tax departments. The team's workload also includes private enforcement of competition law and disputes related to carbon emission certificates trading and energy agreements. Florian Neumayr is the key contact.

Practice head(s):

Florian Neumayr

Other key lawyers:

Florian Platter; Rudolf Beck; Kajetan Rozga; Raphaela Gruenmann

Testimonials

Perfectly organised, they work very rapidly.

The team is highly responsive and supports the client a lot in complex matters.

The team is up to all challenges. We felt in very good hands throughout the litigation process.

I immediately had great confidence in their work and I always felt immediately understood and at no time that my concern was not of great importance.

When it comes to litigation, Florian Neumayr stands out. He makes the right points at the right time in the court room. 

Key clients

Immofinanz

Jamal

BP Europe SE

WKBG

Climate Corp.

Österreich

Tornado

pulmetall

Work highlights

  • Acting for Immofinanz in fending off a shareholder activist campaign.
  • Representing a client in proceedings relating to compensation concerning a squeeze-out in 2010.
  • Represented Jamal in litigation concerning unfair.

Brauneis Klauser Prändl Rechtsanwälte GmbH

Acting for financial institutions, manufacturers and consultancy firms, litigation is a core area for Brauneis Klauser Prändl Rechtsanwälte GmbH. The team is also recognised for its consumer protection cases, representing individuals, as well as for its IP and insolvency work. Alexander Klauser, Bernhard Girsch and Gerald Otto as key contacts.

Practice head(s):

Alexander Klauser; Bernhard Girsch; Gerald Otto

Other key lawyers:

Lukas Weber; Katrin Heinisch

Testimonials

Highly motivated and well interacting team that has proved how efficient proper cooperation can be and juridical advice can be provided.

A group of very experienced lawyers with the partners still highly engaged in the daily business. They do not only know the law but also their clients’ needs or, in new cases, make it a top priority to understand these. As a result, you get extremely good value for your money.

Always available also outside of business hours and immediately giving advice and help. Experts in civil law and litigation.

Gerald Otto impresses with his quick understanding of the task and the facts. He regularly comes to creative solutions for problems with a focus on our economic requirements. Always thinking one step ahead.

Key clients

VKI (Verein für Konsumenteninformation)

SPI Group / Spirits International BV

DSC Doralt Seist Csoklich Rechtsanwälte GmbH

Led by name partner Peter Csoklich, DSC Doralt Seist Csoklich Rechtsanwälte GmbH represents clients from a wide variety of industry sectors, including banks, industrial companies, assurance companies and private foundations. Markus Kellner is a key name for investor disputes.

Practice head(s):

Peter Csoklich

Other key lawyers:

Markus Kellner

Testimonials

The team is highly regarded for their banking litigation work and their skills to act before court.

The team is well educated and have a view how to manage. All legal advices are very practical and balanced between overview and details.

The law firm has a very high level of specialist expertise in consumer protection law and civil law.

Markus Kellner is always very well prepared for court hearings and knows his cases in great detail.

The partner of the law firm, who works with us, is a legal expert, very committed, and he informs us proactively about legal changes. He also successfully represented us in legal proceedings.

Markus Kellner is really an expert, also of the relevant jurisdiction. It’s always a pleasure to have him on your side.

Work highlights

  • Representing UniCredit Bank Austria in litigation against Alpine bond holders.

Graf Patsch Taucher Rechtsanwälte

Graf Patsch Taucher Rechtsanwälte has particular strength with respect to commercial disputes in the areas of construction and real estate development. In addition to M&A and M&A-related litigation, the team is also noted for its proficiency in investors' claims, including investors claiming damages from misleading statements of issuers. Clemens Freisinger leads the practice, which also represents clients from the automotive and water purification industry, as well as suppliers of raw materials.

Practice head(s):

Clemens Freisinger

Testimonials

Graf Patsch Taucher is a relatively small firm with an impressive team. We are very happy with their overall performance. Their communication is exceptional, they always come back to us very quickly and with very useful advice.

The team is rather young and ambitious. Unlike big firms, Graf Patsch Taucher’s litigation team does not “slow down” smaller cases, but takes care of these with the same effort and energy as the big ones. Further, Clemens Freisinger takes personal responsibility and has great case management. His pre-trial evaluations turn out to be true time and again.

Clemens Freisinger,  efficient with very good knowledge of arbitration procedures especially in Austria.

Clemens Freisinger is an experienced and pleasant litigation lawyer. For corporate or M&A related matters, he teams up with Wolfgang Graf. Wolfgang has profound corporate and M&A experience and his skills with Clemens’ procedural know-how is just great.

Key clients

COBIN (COnsumers-Business-INvestors) – Plattform für Sammelaktionen bei Masseschäden / Cobin Litigation A GmbH

Eller Consulting ZT GmbH

OÜ Pölva Piim

Michael Klenovec

ARCHIGUARDS ZT GMBH

Montron GmbH

AB Filtertechnik GmbH

Atlas Global GmbH

BAI Wohnungseigentums GmbH

Gevent Ventilatoren GmbH

HY Immobilien YPSILON GmbH

ORTNER TRADING GmbH

Schönberg Label GmbH

Granules UAB

COBIN (COnsumers-Business-INvestors) – Plattform für Sammelaktionen bei Masseschäden / Cobin Litigation A GmbH

Eller Consulting ZT GmbH

OÜ Pölva Piim

Michael Klenovec

ARCHIGUARDS ZT GMBH

Montron GmbH

AB Filtertechnik GmbH

Atlas Global GmbH

BAI Wohnungseigentums GmbH

Gevent Ventilatoren GmbH

HY Immobilien YPSILON GmbH

ORTNER TRADING GmbH

Schönberg Label GmbH

Granules UAB

Work highlights

  • Acting for various claimants in six class actions against Volkswagen in the emissions scandal.
  • Representing Eller Consulting ZT GmbH, an Austrian civil engineering company, in a number of interconnected court proceedings, all around alleged planning and construction damages and deficiencies (real estate).
  • Representing OÜ Pölva Piim, an Estonian dairy, in court proceedings against a major Austrian dairy.

KWR Karasek Wietrzyk Rechtsanwälte GmbH

KWR Karasek Wietrzyk Rechtsanwälte GmbH's commercial litigation practice is best known for its construction disputes expertise, particularly litigation proceedings, insurance, compensations and warranty. Thomas Frad leads the team.

Practice head(s):

Thomas Frad

Other key lawyers:

Georg Karasek; Elisabeth Fischer

Work highlights

  • Representing a distribution systems operator in court proceedings against a railway company concerning re-dispatching costs in connection with a large infrastructure project.
  • Acting for a limited liability company in several proceedings relating to various claims (information claims, disclosure claims, claims for damages) between the company and a former managing director of the company.
  • Representing a real estate developer in proceedings against a construction company for outstanding remuneration during which a mediation procedure was also carried out.

Lansky, Ganzger + Partner (LGP)

Lansky, Ganzger + Partner (LGP)'s commercial litigation department receives instructions from international companies, banks, construction companies, energy and infrastructure companies, betting companies, media and publishing houses telecoms and internet providers, as well as state institutions. Name partners Gerald Ganzger and Gabriel Lansky jointly lead the practice together with Julia Andras.

Practice head(s):

Gerald Ganzger; Gabriel Lansky; Julia Andras

Other key lawyers:

Valentin Neuser; Patrick Kimla;

Testimonials

Hands-on approach, excellent service, keen sense of a client’s needs combined with an understanding of the client’s business, pragmatic solutions, quick reaction times, strong network, profound knowledge and well-rounded advice.

Gerald Ganzger – decades of experience, well-structured approach, forward thinking and always has the bigger picture in mind.’ 

Valentin Neuser – always on top of things, honest advice, focused with an eye for details and solution-driven approach.

Julia Andras – takes on every challenge and delivers excellent results.

Work highlights

  • Representing several companies, including ÖBB-Infrastruktur, ÖBB-Personenverkehr, ÖBB-Postbus and Rail Cargo Austria, in commercial litigation.
  • Handling various legal issues in Austria and across Europe for Splashline Travel und Event.
  • Representing numerous investors in the Optioment bitcoin business model, which suffered losses in one of the largest criminal cases related to cryptocurrencies.

petsche pollak attorneys at law

Boutique firm petsche pollak attorneys at law has engineering and construction disputes, contentious matters in the automotive industry, distribution law and product liability litigation at its core. The team, led by name partners Simone Petsche-Demmel and Andreas Pollak, is also experienced in cross-border commercial litigation, including investment disputes, the enforcement of contractual rights, product liability and IP matters as well as shareholder disputes.

Practice head(s):

Simone Petsche-Demmel; Andreas Pollak

Testimonials

Always available, highly efficient and structured, flexible attitude to reach customers’ goals and creative approach in difficult situations.

Besides being highly skilled and experienced experts in criminal defence work, Simone Petsche-Demmel and Andreas Pollak attorneys are pleasant to work with on a personal and professional level.

Key clients

STRABAG AG

Kaefer S.A.

Octapharma Group

Sheikh Bin Issa Al Jaber

Leaseplan Group

Labau Pellets

JJW Hotels and Resorts

Hain Celestial/Mona Naturprodukte

Pro Pellets Austria

Save Energy Austria