Litigation and Arbitration

When drafting a contract or standard terms, consideration should also be given to potential disputes and how they should be resolved. It can be difficult to foresee what the best option will be - whether litigation, arbitration, or a combination of different solutions.

We are often involved at an early stage of contractual negotiations and have extensive experience in advising on the advantages and disadvantages of the different dispute resolution models, both in connection with Danish and international contracts.

We are familiar with the possible scenarios relating to different types of dispute resolution, enabling us to provide our clients with the most qualified recommendation for the best solution.

Our advice includes:

• The financial consequences of choosing a certain dispute resolution model. 
• Any other commercial implications involved with selecting one process over another.
• The special opportunities and challenges inherent in the different dispute resolution models.
• The special challenges of cross-border contracts

Not all disputes will end up in court. Businesses often have a commercial or financial interest in resolving conflicts through settlement agreements - saving both time and money.

We have considerable experience in settlement negotiations and the use of alternative dispute resolution models (such as mediation) in Danish and international cases, allowing us to quickly assess how a negotiating position can be strengthened to achieve the most favourable settlement. 

For every dispute, we discuss the full range of risks and options for litigation versus out-of-court settlement. This provides our clients with the best basis for deciding - together with us - how their dispute should be resolved.

Our work includes:

• Analysis of the legal, commercial and financial risks.
• Settlement negotiations in Denmark and in international jurisdictions.
• Opportunities for negotiating a settlement with the assistance of a third party, including through mediation

An efficient and cost-effective approach to litigation takes more than just knowledge of the legal disciplines. It is vital to consider and prepare the case within its commercial context, taking the client's specific interests into account.

We represent Danish and international businesses before any court, including the European Court of Justice. We have legal specialists in all litigation areas and can always assemble the right team to handle a case in a thorough and cost-effective manner.
Many of Kromann Reumert's lawyers also have experience as judges or assistant judges and therefore have inside knowledge of the courts' processes.

We have in-depth knowledge of the courts' practices and procedures, enabling us to establish a clear strategy and gather the most necessary and relevant evidence. We take a proactive approach to assessing the procedural development of the case and take the steps needed to strengthen our client's position during proceedings.

We ensure the best case management by:

• Adopting and pursuing a specific litigation strategy in every case.
• Making ongoing adjustments to the strategy if necessary, and assessing whether or not there are relevant alternatives to litigation.
• Carefully adjusting the resources to each unique case.
• Preparing the case in an efficient and innovative way, drawing on the relevant specialist skills

An arbitral award cannot be appealed. It is therefore crucial to appoint the most suitable tribunal and select the right lawyer to prepare and present the case in a thorough and compelling way.

We have extensive experience in handling commercial disputes before the different arbitral institutions in Denmark and abroad. Our lawyers also regularly sit as arbitrators, providing us with unique insight into the considerations of an arbitral tribunal.

Through our many years of experience in arbitration proceedings, we have developed a large Danish and international network which allows us to appoint the arbitrator best suited to our clients' needs. Drawing on our own experience as arbitrators, we consider multiple viewpoints during case preparation and strengthen our argumentation by taking into account the perspectives of the opposing party and the tribunal.

We ensure the best case management by:
 

• Ensuring the right tribunal composition
• Adopting and pursuing a clear strategy
• Making ongoing adjustments to the strategy where necessary and assessing if there are alternatives to arbitration
• Adjusting the resources carefully to fit each unique case 
• Conducting case preparation in an efficient and innovative way, drawing on the most relevant specialist skills