Judicial proceedings, arbitration, resolution of disputes
Claims, applications, requests, appeals.
We have accumulated great experience in the area of resolution of legal disputes through representing our customers in complex civil, administrative, and criminal cases. Particular attention is paid to the choice of such dispute resolution method which would be most acceptable to the customer and most effective. Taking into account the customer’s needs, we draft reconciliation agreements, appeals, actions, statements of defence and applications, other documents necessary in the judicial proceedings and mediation in dispute resolution negotiations.
Services provided by us include:
- defending the interests of natural and legal persons;
- providing advice on choosing of appropriate dispute resolution methods;
- planning of the strategy for resolution of disputes, conducting of cases, foreseeing of the progress and peculiarities of the actions in proceedings;
- alternative dispute resolution methods: negotiations, mediation, reconciliation procedures;
- organisation of the meetings of contracting parties, provision of all necessary services: sending of correspondence, translation/interpretation services, premises for negotiations, other means allowing parties to reach an agreement in a peaceful manner;
- representation in pre-trial dispute resolution instances;
- drawing up of procedural documents (actions, applications, requests, appeals) for the court;
- representation of our customers before court, arbitration tribunal;
- representation in civil, administrative cases, cases concerning family, labour, taxes, protection of intellectual property rights before the courts of all instances;
- defending of creditors’ interests, actio Pauliana, indirect actions, enterprise bankruptcy and restructuring proceedings;
- drafting of arbitration agreements, arbitration clauses, reconciliation agreements;
- presenting of a writ of execution issued by the court to the bailiff for enforcement;
- control over enforcement of a writ of execution (seizure of property of the debtor; submission of necessary enquiries about the property of the debtor etc.);
- assistance in recognising judgements of foreign courts and arbitration tribunals.
Experience:
- We successfully represented an enterprise in bankruptcy before the former manager of the enterprise for award of the losses caused to the enterprise due to improperly organised activities of the enterprise, failure to transfer the enterprise’s assets to the bankruptcy administrator, use of the enterprise’s assets not to the interests of the enterprise. The amount of the dispute was around LTL 300 thous.
- We drew up procedural documents, conducted the enterprise bankruptcy proceedings against the former manager of the company for contesting the transaction violating the creditors’ right, application of restitution by enforcing the creditors’ recovery to the monetary funds received by the manager according to the transaction in court. The amount of the dispute was LTL 215 thous.
- We provided advice to a metal processing production company on personal liability of the debtor’s manager who has missed the time limit for instituting bankruptcy proceedings against the company. We successfully represented the customer in the judicial proceedings against the former manager of the debtor for award of losses (amount of the dispute was around LTL 25 thous.).
- We effectually represented our customer who acquired the right to the debt from an enterprise in bankruptcy in judicial proceedings against a bank with the Scandinavian capital operating in Lithuania which has failed to settle accounts with the enterprise in bankruptcy for the carried out construction operations in a building of the bank’s branch. The amount of the dispute was around LTL 0.3 million.
- We successfully represented a construction company against the enterprise in bankruptcy which brought an action for award of the debt and delinquency changes where the debt was paid to the third party according to the claim assignment agreement.
- We brought actions for instituting bankruptcy proceedings against insolvent debtors, appointment of the bankruptcy administrator.
- We advised, drew up procedural documents in the cases concerning award of remuneration for carriage of goods from the customers (shippers).
- We successfully represented a Lithuanian transport company for the actions of a bailiff in improper compliance with the resolutions adopted by dispute resolution commissions awarding wages and average wages for the period of delay to settle accounts for the benefit of the former employees. The court acknowledged that the bailiff improperly calculated the average wage for the period of delay to settle accounts.
- We effectually represented a transport company in the proceedings instituted against en employee (driver) for application of material liability (indemnification of pecuniary damage).
- We successfully represented a carrier from a third country before the arbitration tribunal in Lithuania for award of remuneration for the carriage of goods from a company operating in Lithuania.
- We advantageously represented our customer in the case against Vilnius City Municipality concerning lease of the State-owned land.
- We effectually represented the interests a company engaged in manufacture of and trade in fire vehicles in the Lithuanian and foreign markets for award of the debt against the equipment supplier in the Belgian court.
- We successfully represented a carrier in the case concerning indemnification of losses incurred as a result of damaging the cargo.
- We advantageously represented the interests of an importer of petroleum products in a tax-related dispute with the Customs Department. We obliged the Customs Department to recognise tariff preference for imported goods and abolish extra taxes through the court.
- We successfully represented a Lithuanian transport company in the case concerning return of unreasonably acquired property. The action (amounting over to LTL 200 thous.) has been dismissed.
- We effectually represented an employer in the case opened against an employee for indemnification of losses amounting to more than LTL 0.5 million.
- We advantageously represented a ship builder from Latvia belonging to an international companies group in the case concerning indemnification of damage against a Lithuanian company engaged in manufacture and repair of marine structures.
- We successfully represented the interests of a Lithuanian freight forwarding company belonging to one of the largest logistic companies groups in Europe in the judicial dispute with a Polish carrier for indemnification of the losses incurred by the customer as a result of loss of a part of the cargo by the carrier.
- We effectually represented a carrier’s interests in a judicial dispute with a freight forwarding company according to the action brought by the latter for declaration of the carriage contract null and void. As the action for declaration of the carriage contract null and void has been rejected, the debt amounting to LTL 17,000 was awarded and recovered for the benefit of the customer.
- We advised a group of freight forwarding companies bases in Lithuania on liability of the freight forwarder for the loss of goods amounting to USD 100,000, carried out a legal audit of freight forwarding contracts (by railway or road transport).
- We successfully represented a Lithuanian company in the dispute subject to arbitration with an Italian company, acted as a mediator in declaring the award delivered by the arbitration tribunal as enforceable in Italy and recovering the amount awarded by the arbitration tribunal.
- We represented a German food industry enterprise in a judicial dispute over the claims brought by the former business partner from Lithuania; acted as an intermediary in closing the judicial dispute by entering into a reconciliation agreement in favour of the customer.
- We provided advice to one of the leading transport companies in Lithuania on the position in the judicial dispute in the United Kingdom (possibility for application of limited liability of the carrier in the case adjudicated according to the CMR Convention, contesting of the shipper’s requirements for the excise duties and value added taxes paid for the lost freight) where the freight of goods subject to excise duty was lost as a result of the committed theft (the value of the claims brought against the carrier amounted approximately to LTL 2.5 million).
