In the banking and finance business, legal disputes cannot always be avoided. In most cases, disputes occur between banks or financial services providers and their customers. We specialize in representing institutes and in advising them in judicial and extrajudicial proceedings.
Bank proceedings can quickly turn into lengthy procedures involving high cost expenditures and risks. This makes it all the more important to carefully analyze, from the outset, the opportunities and risks associated with a court dispute in Germany. Such analysis must start with a comprehensive examination of the relevant facts. Because a clear understanding of the whole subject matter and all facts relating to a case will be required for developing a legally viable solution that can have the desired effect. In this context, the economic framework must always be borne in mind. We assist our clients by providing well-founded recommendations for actions both in the pre-court stages of a conflict and in court proceedings.
Disputes involving banking or finance law are characterized by the particular complexity of this legal area. Here, our highly skilled attorneys can rely on their extensive experience in providing practical legal advice and services, which include the drafting of standard banking contracts, like loan contracts, real estate sales agreements, and deeds of suretyship, and the preparation of sales documentations and investment prospectuses.
Our attorneys consider the representation of banks and financial services providers in court as a major part of their comprehensive legal services in banking and finance law. All of our professionals have long-term experience in litigation tactics and negotiation management. In civil law cases, it is particularly important to provide a compelling submission that convinces the court by its clear chronological and thematic structuring. In many cases "less will be more", provided the focus is resolutely placed on the decisive issues of the case. Also the success or failure often depend on the outcome of the oral hearing. Here it is crucial to respond swiftly to highly unpredictable situations by making the appropriate case-related statements.
The list of banking law topics that are prone to generating legal disputes is long. We represent banks
- in cases of loan disputes involving companies or individuals, including related issues pertaining to consumer rights (right of revocation, processing fees),
- in matters relating to collateral security law (real estate liens, sureties, guarantee credits, transfers by way of security),
- in preserving the bank's rights in case of a customer's insolvency,
- in matters relating to the law of monetary transactions,
- and in case of liability issues in connection with investment advice or the issuance of capital instruments.
Where banks are involved in civil cases as plaintiffs, due to cost reasons, they have a great interest in having their receivables quickly declared legally enforceable. A skillful statement presented in court can help bring a party substantially closer to this goal. A complete and concise description of the facts of the case provided as early as at the stage of the statement of claim will enable the court to schedule and decide on the case promptly dispensing with the need to exchange numerous written submissions between the parties.
After having obtained legal enforceability, levy of execution should follow immediately so as to avoid any additional risks relating to the customer's possible insolvency. In many cases, for that same reason, renewed settlement negotiations will become necessary and our attorneys will be pleased to provide assistance.
Defendant banks and financial services providers are in many cases exposed to unjustified customer claims that need to be defended in court proceedings. In this context, special attention must be paid to mass actions, where institutes are faced with a great number of investor claims. In such a case, an effective defense strategy will be based on a risk analysis that takes full account of the economic dimension of the total transaction.
As regards the court procedure, depending on the legal situation of a case, it may be recommended to either obtain or avoid a decision by the highest courts. Very often participation models (closed funds), investment funds or certificates are concerned. It has become increasingly common that business customers or even public entities claim damages for losses from swap contracts. For a defense of an investor lawsuit to be successful, it is critical to have in-depth knowledge of the legal area concerned and of the consumer laws that may have to be respected.
Another area, where the rights of banks need to be defended, are actions against claims that are based on objections under insolvency law. In fact, whether a security can be realized or not, often only becomes clear when the customer's assets deteriorate. In the following insolvency proceedings, the administrator's duty to increase assets is often opposed to an undisturbed realization of the securities.
If the joint and several debtor has made payments shortly before insolvency, these payments are often claimed back in the course of insolvency proceedings. In such case, the bank must take a reliable legally compliant decision so as to avoid either paying a false claim or taking unnecessary cost risks in case the objection turns out to be justified. Quite often, however, only court proceedings will show whether a claim was admissible or not.
As German attorneys with excessive litigation experience, we are your partner for your banking litigation matters in Germany. Our specialized attorneys represent you in front of German district courts, regional courts as well as higher regional courts. For international matters, we partner with law firms within out international law firm network Primerus. Please do not hesitate to contact us!
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