DISPUTE RESOLUTION, LITIGATION AND ARBITRATION

Dispute resolution is, and always has been, one of the core practice areas of Bucik Law Firm. The firm offers legal advice on all aspects of dispute resolution, including representation in domestic and international courts, EU courts as well as in arbitration proceedings.

It is often better to stay out of court rather than in it. Our lawyers always think about what is best for our clients, including working to secure favorable results at the earliest possible stages of litigation or arbitration. When disputes are unavoidable, we aim to find the best approach to client`s individual needs.

We focus on the objectives of our clients, while assessing legal, commercial and reputational risk. Our lawyers analyse the negotiating weaknesses of opponents and elaborate optimum procedural tactics or settlement approaches.

In addition to assisting larger companies and groups, governmental organisations and financial institutions, Bucik Law Firm also advises smaller businesses and individuals involved in corporate disputes (directors and shareholders), as well as private clients.

Bucik Law Firm has a special focus on cross-border dispute resolution. Our multi-lingual team has experience in handling proceedings both for and against foreign entities and individuals, with in-depth knowledge of different legal and cultural backgrounds. We tackle a range of specific issues such as immunity from jurisdiction and execution, the recognition and enforcement of foreign judgements, arbitral awards and cross-border injunctive reliefs.

Bucik Law Firm offers its clients an extensive range of advice and representation services in national and international arbitration proceedings.  We act in accordance with the rules of all the main arbitration institutions as the London Court of International Arbitration (LCIA), the Singapore International Arbitration Centre (SIAC), the Stockholm Chamber of Commerce (SCC), International Rules of Arbitration of the Swiss Chambers of Commerce (Swiss Rules), the Vienna International Arbitral Centre (VIAC), the United Nations Commission on International Trade Law (UNCITRAL), the International Centre for Settlement of Investment Disputes (ICSID) and the German Institution for Arbitration (DIS). Bucik Law Firm also has extensive experience with regional arbitration institutions as the Ljubljana Arbitration Centre at the Chamber of Commerce and Industry of Slovenia (LAC).

Our dispute resolution services cover, among others:

• Aviation, maritime and transport disputes

• Banking and finance litigation

• Capital market disputes

• Competition litigation and disputes

• Construction and engineering litigation

• Contract disputes

• Corporate and commercial disputes

• Directors and officers liability litigation

• Employment litigation

• Fraud and white collar crime litigation
  

• Insolvency and corporate recovery

• Insurance disputes

• Intellectual property litigation

• M&A disputes

• Patent and licensing litigation

• Product liability disputes

• Property litigation

• Real estate disputes

• Sanctions disputes

• Shareholder and investment disputes

• Tax litigation

• Tort disputes

• Trust litigation

Our litigation experience includes:

• Advising and representing a Slovenian robot manufacturer before German courts in commercial and technology litigation, arising from a robot manufacturing contract. After the client had delivered the robot cell to the end buyer in Germany, one of the worlds leaders in surface finishing technology, their German commercial counterpart withdrew from the contract, declined to complete the payment and raised a compensation claim for the delivery delay.

• Representing an Italian national in proceedings before German courts for enforcement of several Italian court judgments against a German national, an heir of the debtor. The assets of the deceased debtor were in Switzerland and Lichtenstein.

• Representing a Slovenian trucking company in a lawsuit before German courts, claiming payments from a German logistics company for carriage of goods in several EU countries.

• Defending a Slovenian trading company in a defective product dispute before German courts. The plaintiff (buyer) asserted claims for withdrawal from the purchase contract, repayment of the purchase price and payment of damages; German and EU law applied.

• Defending a Slovenian paraglider manufacturer in an employment dispute before German courts. The claimant, a German citizen, who had signed an outsourcing services contract with the defendant, claimed employee status with the defendant.

• Defending an Italian ammunition manufacturer in a product and manufacturer liability litigation before Slovenian courts, arising from a gun explosion caused by an allegedly defective competition shotgun cartridge.

• Representing a Swiss-based investor in a loan recovery process against a German company, including in insolvency proceedings opened against the borrower.

• Advising and representing in court a Slovenian construction company regarding payment for work on a construction project in Germany.

• Consulting and representing a Slovenian valve manufacturer, which intervened as a third party in support of the defendant, its customer, in a product and manufacturer liability lawsuit in Germany. The plaintiff, one of the Germany´s leading insurance companies, filed a subrogation claim to recover payments made to the owner and operator of a biogas electricity and heat production plant for damage caused by an explosion at the plant.

• Advising the majority shareholder of a German GmbH on company law matters and company governance, including on the shareholder meetings, expulsion of shareholders, collection of shares and payment of the expelled shareholder, dissolution of the company, non-competition obligations as well as on the appointment and removal of directors.

• Advising a Slovenian trading company on its rights against a German manufacturer and seller of a defective product.

• Representing an Italian transport company in a lawsuit in Germany against a German forwarding company regarding freight claims; the Convention on the Contract for the International Carriage of Goods by Road (CMR) and the Rome I Regulation (EC) applied.

• Representing one of the Italiy´s leading insurance companies in a subrogation dispute in Germany. The insurance claimed reimbursement of payments made to the insured, a famous Italian fashion group, arising out of damages from a fire in a shopping mall in Berlin.

• Advising heirs, the widow and a daughter of a Slovenian national, regarding a disputed share of the testator in a German GmbH. German company law, Slovenian family law and Slovenian inheritance law applied.

• Representing a German food manufacturer in a lawsuit brought against its Slovenian buyer regarding debt payment, as well as acting in enforcement and insolvency proceedings opened against the debtor.

• Representing a trading company against the carrier and its insurer in a lawsuit in Slovenia to recover damages arising out of an international road cargo transport.

• Representing a German subcontractor in a lawsuit against the general contractor in relation to claims arising from a reconstruction of a cement plant in Germany.

• Advising and representing a creditor regarding a repayment claim arising from a Pilot Training Contract with the Slovenian national airline, including acting in insolvency proceedings.

• Representing an Austrian manufacturing and trading company in product liability claims arising out of a cross-border cooperation agreement on production and distribution of agricultural machines against its contractual partner in Slovenia;  arbitration in accordance with the Rules of the Ljubljana Arbitration Centre at the Chamber of Commerce and Industry of Slovenia.

• Acting for an international pharmaceutical research company in relation to the claims arising from a cross-border pharmaceutical research project against a German university medical center.

• Acting for the Austrian subsidiary of an international bank in enforcement of judgments issued by Austrian courts in Slovenia in its pursuit of claims under investment contracts.
  

• Defending a Romanian transport company against compensation claims of an Austrian transport and logistic company in litigation before Slovenian courts.  Co-defendants are several insurance companies. The claims arise from a traffic accident in Slovenia involving multiple vehicles from various European countries.

• Defending a Slovenian trading company in international commercial litigation in Slovenian courts filed by its business partners, trading companies from Turkey, Romania and Italy.

• Acting for a German company, a technology leader in its segment of automotive components, in a dispute against its Slovenian technology and commercial partner. The advice related to commercial and corporate issues, including company directors' civil and criminal liability for commercial fraud, as well as to intellectual property, real estate, insolvency and litigation matters.

• Defending an Italian company group in a complex intellectual property and competition case against several European car manufacturers, claiming infringement of trademark and design rights by products imported from China, including representation in proceedings before the European customs authorities and in litigation before the courts in Slovenia.

• Advising and representing a Ukrainian felt wears manufacturer in debt recovery and insolvency proceedings against a Slovenian company and its director.

• Acting for the insolvency administrator of a German company in corporate and intellectual property disputes with regard to the company's trust beneficiary rights and intellectual property rights in a distressed Slovenian company.

• Representing the Slovenian subsidiary of a German brand manufacturer, a technology and market leader in the industry, against its director in a corporate litigation before a Slovenian court. The case involves disputes between the shareholders of the company, the appointment and removal of the director, duties and liabilities of the director and his remuneration.

• Acting for an Italian company, a leading European irrigation systems manufacturer, in a dispute against its Slovenian commercial partner, claiming payment for products delivered for irrigation projects in Slovenia and representing it in litigation before Slovenian courts.

• Advising the US subsidiary of a German automotive group, victim of a high value financial fraud, and representing it in civil litigation and criminal proceedings against a Slovenian company and its director.

• Advising a German federal state (Bundesland) in relation to its money claims in Slovenia, including in relation to interim measures of protection - bank assets freezing and property freezing orders.

• Advising and representing the Italian subsidiary of one of world´s largest private label food producers in debt recovery proceedings in Slovenia.

• Advising and representing an Italian security door manufacturer in debt recovery, commercial litigation and criminal proceedings against a Slovenian company and its director, as well as acting in insolvency proceedings against the debtor.

• Defending a Hungarian transport company in Slovenian courts and representing in the Constitutional Court, charged with violations of technical and safety standards in road transport.

• Representing a Russian aviation company in commercial litigation before a Slovenian court.

• Representing a Swiss trading company in litigation before Slovenian courts regarding an international transport matter, including maritime transport.
  

• Representing a Slovenian international trading company in a tax dispute before tax authorities and courts in Slovenia regarding European Union value added tax (EU VAT) issues.

• Acting for the depositors of the Slovenian bank Ljubljanska banka. In the case of Ljubljanska banka, one of the largest in the region, over 40.000 bank depositors claimed the recovery of their "old currency savings", the total amount of the claims exceeded 500 million euros. The case, ruled also by the European Court of Human Rights (ECHR), related not only to bank restructuring and insolvency, bank liability, depositors protection and human rights but also to the succession of the former Yugoslavia, the liability of the Republic of Slovenia and the sovereign debt of the Republic of Slovenia.

• Acting for an Austrian company in debt recovery proceedings in Slovenia, including in civil and criminal proceedings against the debtor's director charged with commercial fraud.

• Representing a Slovenian state agency in a dispute arising from a contract for providing IT and communication services; the project was partly funded by the European Union.

• Representing the world's leading German ski bindings manufacturer in a commercial litigation case against a famous Slovenian ski manufacturer before Slovenian courts, filing for insolvency against the debtor and representing the creditor in insolvency proceedings.

• Representing an international trading company in a commercial litigation against one of the world's leading pharmaceutical companies, both before the Slovenian courts and before the European Court of Human Rights (ECHR); among others, the issue related to the United Nations Resolution, implementing trade embargo against Yugoslavia.

• Representing an international pharmaceutical group in a complex, multi-jurisdictional litigation case, including in interim injunction proceedings, in relation to infringements of group's intellectual property rights and compensation claims before Slovenian courts.
  

• Advising an investor in a dispute against one of the biggest Swiss banks and representing him in litigation before the Court of the Canton of Zürich, claiming compensation for damage caused by bank's failure in stock brokerage.