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 lawsuit with the beneficiary of the bank guarantees regarding the performance of the guarantees, non-compliant demand for payment. The proceedings ended with the firm´s success  in appeal of the beneficiary  to the Supreme Court of the Czech republic, which overturned the decision of the Court of Appeal, agreed with the firm´s legal opinion and rooled in favor of the bank against the beneficiary of the guarantees. The beneficiary filed complaint to the Constitutional Court which was refused.
  • Successful representation of ČSOB in a dispute with the Ministry of Finance of the Czech Republic for the recovery of unjustified enrichment arising from a payment order based on a court decision that was later annulled. The Supreme Court of the Czech Republic has already ruled on appeals filed by our legal firm previously by annulling the judgments of the lower courts which had required ČSOB to provide compensation to the extent of approximately CZK 161 million. The dispute was subsequently resolved in June 2022 by concluding a settlement agreement, which excluded any obligation for ČSOB to make payment, and on the contrary obliged the Czech Republic to pay ČSOB sufficient to cover the bank’s considerable costs in all previous stages of the proceedings. 
  • Legal advice to Max banka (previously Expobank CZ) in a complicated dispute in respect of a promissory note in the amount of approximately CZK 300 milion in connection with the endorsement of a promissory note and the liability of the endorser of the note. We represented the client as a defendant against the plaintiff, a foreign company. Advisory included legal analysis of the documentation and preparation of possible procedural defence and procedural strategy including representation of the client.
  • Legal representation of Lázně Luhačovice in court proceedings concerning a claim for determination of ownership of a building - a watercourse bridge on the spa square.
  • Long-term legal representation of the Czech credit insurance company Allianz Trade/EULER HERMES SA and its clients in court proceedings related to insurance claims.
  • Legal representation of Serge Grimaux in proceedings for refusal of enforcement of a foreign judgment under the Brussels I bis Regulation.
  • Successful legal representation of ČSOB Factoring in complicated litigation pending since 2006, in which the client was sued for payment of the price of assigned receivables without their collection due to the insolvency of its client who had taken out factoring financing. The final decision of the Supreme Court of the Czech Republic was crucial as it confirmed the legal quality of the factoring documentation prepared by our law firm. In execution the client recovered all the legal costs incurred in connection with the litigation.
  • Legal advisory to a local bank on the procedural defence against claims in connection with so-called Icelandic bonds in which the bank´s clients invested under a securities management agreement with ČSOB Asset Management. Advisory included comprehensive representation of the client throughout the proceedings initiated in 2018 including analysis of related documentation as well as the causes of the Icelandic crisis and its predictability. The claim was dismissed at the first instance and its judgment was subsequently upheld by the Court of Appeal.
  • Representing HSBC Continental Europe’s a victim in criminal proceedings against Pavel Polianskij for the offence of credit fraud in connection with the conclusion and performance of a factoring cooperation agreement.
  • Legal representation of Raiffeisenbank in court proceedings for compensation for alleged damages due to unauthorised drawdown of a bank guarantee and breach of the bank's obligations when paying out the bank guarantee.
  • 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 representation of  Allianz Trade/EULER HERMES SAin three related court proceedings before the District Court in Teplice. The disputes concern the payment of insurance benefits in connection with an insured claim against a foreign customer. The representation of the client includes negotiations with the counterparty on an amicable settlement of the case.
  • Representing HSBC Continental Europe in court proceedings against an action brought by MD Pharm, s.r.o. for the payment of USD 146,920.12, including accessories.
  • Legal analysis for MOTOKOV regarding the decision of the court of first instance and an analysis of the client's chances in any appeal proceedings, including an assessment of the plaintiff's standing to sue.
  • Legal representation of CS STEEL in a business relationship with a supplier regarding the proper performance of rights and obligations related to their business relationship. Assessment of the validity of the supplier´s claims against CS STEEL including the conduct of negotiations.
  • Representing the Dutch company BV CARNIMEX in the enforcement of its claims against a Czech customer.
  • Representation of ČSOB in a dispute with EGAP (Exportní Garanční a Pojišťovací Společnost a.s.) in a dispute over the extent of insurance benefits.
  • Representation of ČSOB in a dispute with EGAP (Exportní Garanční a Pojišťovací Společnost a.s.) regarding the scope of insurance coverage. At ČSOB, the exporter receivables from the Ukrainian metallurgical and steel companies PJSC “Zaporizhstal” and PJSC “ILYICH IRON AND STEEL WORKS” were processed, while these receivables were insured by EGAP. There is a dispute between ČSOB and EGAP regarding the option of the insured to retroactively transfer part of the insured claims and the extent of the actual damage.
  • Comprehensive and continuous legal support and assistance to the insurance company Allianz Trade/EULER HERMES SA in all legal matters including representation in courts as the main external legal counsel since February 2020.
  • Representation of Raiffeisenbank in the legal proceedings. Legal analysis of the procedure of the bank in the payment of a bank guarantee and assessment of the validity of the claim of the plaintiff who filed a lawsuit against the bank for alleged damages due to the unauthorized use of the bank guarantee and breach of the bank´s obligations in the payment of the bank guarantee.
  • Assistance to the client in problematic case of factoring financing analyzing the factoring documentation with a hospital and supplier relations between the hospital and its debtor. Advisory included legal advice regarding recovery of the debt under the factoring agreement, negotiation with potential investors regarding sale of ČSOBF's receivables against the hospital and negotiation of out-of-court settlement between ČSOB Factoring and the hospital.
  • Representation of the 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 employment disputes with a former employee regarding the right to a supplement to the guaranteed wages under the Labor Code and relevant implementing regulations.
  • Representation of 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 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.