Litigation & Arbitration

References in this field include representation of prominent banks and companies in disputes over pecuniary claims.

 

  • Legal advisory and representation of ČSOB in a complex case involving advance payment and performance guarantees issued by the bank based on the instruction of a major local engineering company in the energy sector, representation of the bank in the insolvency proceedings, legal assistance with demanding payment of counter-guarantees, representation of the bank in the lawsuit with the beneficiary of the bank guarantees regarding non-compliant demand for payment, representation of the bank in the preliminary injunction proceedings and subsequent lawsuit regarding a claim to return the payment obtained under the counter-guarantee.
  • Legal advisory and procedural defence of a local bank and ČSOB Asset Management against claims of clients related to bonds issued by Icelandic banks which were impaired during the financial crisis. ČSOB wishes to defend its position against claims raised by the investors.
  • Legal analysis for a local bank in the matter of the bank's procedure for payment of a guarantee, representation of the bank in a dispute over unauthorized payment of the guarantee.
  • Assisted in problematic case of factoring financing analyzing the factoring documentation with a hospital and supplier relations between the hospital and its debtor. We have also assisted in recovery of debt under the factoring agreement, negotiated with potential investors regarding sale of ČSOBF's receivables against the hospital and proposed and we are negotiating of out-of-court settlement between ČSOBF and the hospital.
  • Representation of a Czech company providing comprehensive services from sales through logistics to possible precise machining or material division in customs proceedings concerning the additional assessment of an anti-dumping duty.
  • Legal advice to a transport company in dispute with a former employee regarding the right to a supplement to the guaranteed wage in accordance with the Labor Code and relevant implementing regulations.
  • Representation of a leading distributor of finished and semi-finished products in customs proceedings regarding a charge of additional anti-dumping duty.
  • Representation of the client (the best-known supplier of industrial fittings, pipes and pipe bearings in the Czech Republic) in its dispute with Coface on payment of insurance indemnity for unpaid insured receivables.
  • Legal advisory and representation ČSOB Factoring regarding recovery of receivables from Industrial Park Tachov s.r.o. assigned to ČSOB Factoring on the basic of a factoring agreement and legal advisory and representation of the client in defending against the debtor’s requests for return of funds paid on the assigned receivables.
  • Legal advisory to major local bank regarding provided bank guarantees, analysis of procedural options for an accessory participant to file a constitutional petition.
  • Representation of one of Europe’s biggest producers of railway wheels in enforcement of claims towards a customer in default, including the exercise of rights under a blank promissory note avalised by natural persons.
  • Legal assistance in drafting of appeals against tax assessments.
  • Legal advisory to major local bank in review of loan and security documentation in the amount of tents of million CZ provided to a company engaged in ecological disposal of vehicles, purchase of metals and other waste. Representation of the bank in recovering the claims pledged in favour of the bank.
  • Representing the client in the proceedings and registration for VAT, the issue of retroactive assessment of VAT.
  • Representing of consignment company in proceedings at the Supreme Court re claims connected to United Nations Convention on International Multimodal Transport of Goods.
  • Legal representation of a client in proceedings held against him by Czech television for repayment of amounts paid by Czech television on claims whose original creditor was a company dealing with film production and which were assigned to ČSOB Factoring on the basis of factoring cooperation.
  • Legal advisory to ČSOB Factoring in connection with debt collection arising from factoring cooperation in the amount of CZK 5,4 million for company that ranks among the largest processors and suppliers of dry fruits in the Czech Republic.
  • Legal assistance to important investment group operating in energy, financial and real estate sectors, which is a member of important investment group operating in energy, financial and real estate sectors, with recovery of debt in the amount of EUR 400 thousand including agreement on recognition of debt and accession to the debt.
  • Representing of a Czech company providing comprehensive services from sales through logistics to possible precise machining or material division as defendant in proceedings regarding payment of receivables claimed arising from a lease.
  • Legal assistance to ČSOB Factoring with regard to enforcement of claims assigned to ČSOB Factoring by companies engaged in sale of food and beverages on the basis of factoring cooperation in the total amount of CZK 10 million.
  • Legal representation of local bank in enforcing loan receivables of approx. CZK 40 million in execution proceedings and insolvency proceedings due from a group of companies trading with IT equipment. Legal services also included representation of the bank in front of law enforcement authorities and enforcement of claims against parties providing security.
  • Complex legal assistance to local bank including commencement of insolvency proceedings against a provider of IT and telecom services and enforcement of claims against the avalist of a promissory note issued by the debtor and filing of criminal complaint (CZK 37 million).
  • Representation of local bank in arbitration proceedings in front of the Arbitration Court attached to the Economic and Agriculture Chamber of the Czech Republic with regard to the recovery of a claim arising from a promissory note in the amount of CZK 20 million.
  • Following our 100 % success rate in all privatization lawsuits where we represented ČSOB against the Czech Republic, we have been appointed legal counsel by the Bank in a new lawsuit brought by the Czech Republic against ČSOB based on a claim for unjust enrichment connected to proceeds received from state guarantees issued for obligations of a state-owned machinery producer during the era of privatization.
  • Expert legal opinion concerning a lawsuit regarding draw-down of a performance bond issued by major local bank in favour of a foreign bank in respect of performance of the company TECHNOEXPERT which supplied a production complex for aluminum processing to Iran including legal issues connected to the exercise of rights from the counter-guarantee issued by Komerční banka in favour of ČSOB.