Our lawyers are known as skilful negotiators.
Many a dispute can be prevented before it arises, by diligent contract drafting. Time and again, as trial lawyers, we see the unfortunate result of inadequate drafting. We leverage this experience to structure clients’ projects, transactions and contracts at the front-end to minimise risks and avoid controversy later.
Where disputes do arise, we are your partners at all stages and will be there to support you in all forms of Alternative Dispute Resolution (ADR). Many cases benefit from ADR. Ideally to resolve the matter entirely or even to narrow the issues in dispute.
Our experience comprises conducting settlement negotiations for our clients, counselling clients in mediation proceedings to facilitate optimal results as well as party representation in dispute adjudication proceedings. We are also well versed with expert determination proceedings (Schiedsgutachten), notably in corporate and M&A disputes.
Our lawyers are known as skilful negotiators. It is hard to think of a case that does not involve negotiation. We interweave settlement negotiations with the adversarial process to ensure that any deal reached is at a high watermark for our clients.
Mediation is not for every case. If yours is – and we will advise you if so – mediation can be an effective means of reaching constructive and creative solutions in the interests of all stakeholders. It can save energy and resources, as well as preserving valuable relationships.
Often the unlock in resolving a dispute is to focus on the future. This frames a positive context that allows for better communication between parties to a dispute. The lawyers involved can drive this mindset shift. We are adept at developing and implementing negotiation strategies for successful outcomes, built on a parallel arbitration or litigation strategy. Thorough case preparation and attention to detail underpins those strategies. Selecting the right neutral (mediator or facilitator) also requires careful thought.
Further, our team has experience in representing clients in adjudication proceedings (notably, dispute adjudication and dispute review board), with the capacity to make the substantial time commitments required in this process.Back to top
Avoiding disputes altogether is clearly preferable to winning lawsuits.
We assist our clients to screen their business for avoidable legal hazards. This includes a structured review of their standard contract forms, internal processes, documentation standards and allocation of responsibilities. For these dispute prevention and compliance services, we also draw upon our extensive knowledge in corporate, employment and competition law.
We also analyse existing contracts for clients and draft new complex contracts and projects, notably where these involve multiple parties or multiple jurisdictions. Our services include the general design and negotiation of comprehensive contractual agreements, as well as applying our expertise to the contract drafting process. One example is the structuring of complex dispute resolution clauses that encourage early negotiation, mediation and/or other ADR forms prior to commencement of formal proceedings.Back to top
Sometimes trial seems inevitable. The decision to initiate litigation or arbitration proceedings, however, is not always clear-cut and needs careful analysis. We provide a frank and robust initial case assessment to set the early picture. Together with your team we compile the relevant facts and look at the issues closely. Beyond the estimation of overall procedural risks, we can provide our clients with a structured and probability-weighted assessment of the outcome of a potential arbitration or litigation. This constitutes a sound basis for evaluating or preparing any appropriate settlement offers throughout a dispute.
Our partners also assist in identifying and liaising with litigation or arbitration funders.Back to top
Negotiation of a settlement agreement with Austrian seated multinational technology company for its Korean business partner (avoiding ICC proceedings).
Representation of a global industrial company regarding claims in connection with the construction of a powerplant in Austria (EUR 15 million, ICC Dispute Board).
Representation of a Southern European logistics company in Vienna-seated arbitration proceedings and settlement negotiations against a German service provider (VIAC).
Provision of legal advice to a Northern European telecom conglomerate regarding the settlement of a contractual dispute with an Asian telecommunications company regarding the outsourcing of network infrastructure.
Provided legal advice to a Finnish telcom conglomerate in the pre-trial phase against an Austrian construction company.
Representation of a Mexican entity in the digital marketing industry in negotiations with a major company in the business of co-working spaces on the anticipated termination of a co-working services agreement.
Representation of a global plant manufacturer based in Austria in court proceedings against an oil & gas multinational concerning the refurbishment of industrial equipment in an oil refinery (EUR 1 million, Austrian courts).
Representation of a global plant manufacturer based in Austria in a dispute against a large process technologies, equipment and plant manufacturer concerning the construction of an industrial piping system (Austrian courts).
Representation of a market-leading, global consumer goods manufacturer and retailer against a Central European supplier regarding damages for breach of contract (EUR 5 million, ICC).
Schifferl (author), “Verbraucher und Arbeitnehmer”, in Nueber (ed.), Handbuch Schiedsgerichtsbarkeit and ADR, December 2020.
Beisteiner (lecturer), “Virtual Hearings: A Report from Arbitration Practice”, Advanced Civil Law Training Seminar, Reichenau an der Rax (Austria), 24.09.2020
Zeiler (panelist), “Use of ADR and Other Forms of International Dispute Resolution for Small and Medium Enterprises”, 2019 Annual Conference of the ABA Section of International Law, Washington, DC (USA), 12.05.2019
Siwy (panelist), “Dispute Resolution for MSMEs”, Trade Law Forum – Incheon 2018, Incheon (Korea), 10-12, September 2018
Kwon, “Your Good Faith Counts – Conciliation Application in Germany”, Kluwer Mediation Blog, 19.04.2017
Zeiler, “The Future of ADR in Austria: Where Does it Go?”, ADR Client Strategies in Europe 41, 2011
Schreuer, “What is a Legal Dispute?”, in: International Law between Universalism and Fragmentation, Festschrift in Honour of Gerhard Hafner (I. Buffard, J. Crawford, A. Pellet, S. Wittich eds.) 959, 2008
2021 JUVE Recognitions
Zeiler Floyd Zadkovich – Arbitration and Mediation (Austria, Tier 1, 2021)
Zeiler Floyd Zadkovich – Employment (Austria, Tier 4, 2021)
We are delighted to have multiple partners of ours ranked by Best Lawyers 2021 across a variety of categories.