Disputes and arbitration
Resolving judicial and extrajudicial disputes is one of our key areas of expertise. We represent clients in high-value disputes and complex cases that require a strategic approach and detailed knowledge of procedural law. We focus in particular on corporate disputes, including shareholder conflicts, and have unique experience in representing clients in investment disputes under bilateral investment treaties (BITs) against the state.
Our legal services include:
- representation in commercial and corporate disputes,
- resolution of disputes arising from contractual relationships and commercial obligations,
- proceedings in the area of unfair competition and antitrust,
- enforcement of claims for damages, including damages caused by unlawful decisions or incorrect official procedures,
- review of decisions of administrative authorities by courts,
- representation in proceedings before the Constitutional Court of the Slovak Republic,
- bankruptcy and restructuring proceedings,
- labour disputes,
- debt collection and enforcement proceedings,
- proceedings for the recognition and enforceability of foreign decisions,
- arbitration proceedings and international arbitration,
- developing procedural strategies and representing clients in out-of-court negotiations, negotiating and concluding settlements with the aim of effectively resolving disputes.
Selected references
Representing a client as a plaintiff in a dispute based on an action for damages (loss of profit) amounting to several millions of euro as a result of a breach of contract concerning construction of a new top-ranking state hospital.
Comprehensive representation of a client in an unprecedented lawsuit concerning the unconstitutional prohibition of profits generated by health insurance companies.
Providing advice and comprehensive legal assistance to a Slovak bank in connection with the entry into force of the widely publicized amendment to the law on "bank levies".
Action for payment of EUR 250,000 – representation of a company implementing a project for the revitalization and development of a former production site as the defendant in a dispute over the payment of claims.
Categorization of medications – representing a health insurance company in litigation before the administrative court in matters of registration, classification, and price regulation of medicines. The disputes were caused by unlawful decision-making by the Ministry of Health of the Slovak Republic.
Compensation for damage caused during the exercise of public authority – representing a client in a dispute against the Slovak Republic (represented by the Ministry of the Environment of the Slovak Republic) for compensation for damage. The essence of the dispute is the assertion of a claim for reimbursement of funds amounting to hundreds of thousands of euros, which the client has been spending for several years on the remediation of a sludge field categorized as an environmental burden.
Emissions quota tax – representing more than ten clients in the recovery of unlawfully paid emissions quota tax and related interest before the tax administration and judicial authorities. The dispute resulted in a preliminary ruling before the Court of Justice of the European Union (Case C-302/17), which was initiated by our law firm at the request of the Slovak court. The Court ruled that the Slovak legislation on the tax in question was contrary to EU law. This resulted in the successful conclusion of tax disputes for several clients and the possibility of claiming a refund of the tax on emission allowances, including interest, for other clients we represent.
Interest on late VAT refunds – representing a major Central European manufacturer in recovering interest on late refunds for delayed VAT overpayments from the tax authorities.
Trademarks and unfair competition – representing a client in a dispute concerning protection against unfair competition and trademark infringement.
Annual redistribution of insurance premiums – representing a health insurance company in a dispute against a decision by the Health Care Surveillance Authority on the outcome of the redistribution of premiums for public health insurance.
Compensation for lost profits – representing a client in a lawsuit seeking damages (lost profits) amounting to several million euros based on a breach of contract, a case that also involved the application of pre-1989 economic law standards. This is a branch of law that was the guiding principle of economic relations applied in the economic and social system until 1989, but some economic relations based on this legal framework exist to this day. Our law firm has thus acquired knowledge of the application of pre-1989 economic law comparable to any other "current" branch of law. Whilst the application of this law area is rather rare, insights into it are all the more appreciated when a client has to deal with economic matters with the assistance a law firm.
Representing a seller of an exclusive car brand – representing a client as an intervener in a dispute between a former customer of the client as the plaintiff and a leasing company.
Paroplyn Holdings Limited vs. Bratislavská teplárenská (BAT) – representing the client in two disputes over payment for energy supplies, including enforcement proceedings to recover the debt. This was one of the largest and most media-covered disputes in Slovakia in 2015, where we provided comprehensive legal advice and representation at several stages of the proceedings.
Constitutional complaints – representing clients in proceedings before the Constitutional Court of the Slovak Republic in matters concerning the protection of fundamental rights and freedoms, including issues relating to the protection of privacy against wiretapping.
Protection of privacy against unlawful interference – representing clients before the European Court of Human Rights in cases concerning the violation of their human rights by unlawful interference by state authorities – this was one of the most high-profile and widely reported cases in Slovakia.
Enforcement of a foreign arbitral award – representing a Cypriot company in proceedings concerning attempts to enforce (according to the client) a formally and materially unenforceable foreign arbitral award issued in favor of a Hungarian company. In 2015, appeal proceedings were ongoing in both disputes, requiring the resolution of issues in the areas of arbitration, enforcement, and Hungarian law.
Protection of personality rights – News and Media Holding – comprehensive legal advice provided to one of the largest publishers in Slovakia and representation in disputes concerning freedom of speech, including proceedings before the Constitutional Court of Slovakia and the European Court of Human Rights.
Representation of Prima Banka and its shareholder – legal representation of the client in one of the largest court disputes in Slovakia (EUR 300+ million), resolution across multiple jurisdictions.
Bory Mall – construction defects – negotiations on an out-of-court settlement of a publicized dispute with a supplier regarding defects in the work delivered.
Damages against the state – representation of a client in an unprecedented dispute against the National Council of the Slovak Republic for damages caused by an unlawful decision and/or incorrect official procedure. The essence of the dispute is so-called legislative injustice.
Industrial aluminum producer – legal advice in connection with a potential dispute over electricity consumption.
Metallurgical company – disputes arising from commercial obligations – representation of a former metallurgical company in a dispute concerning contractual obligations arising from the supply of goods and raw materials worth tens of millions of euros. We also provided legal advice on the restructuring of this company.