Our lawyers have advised and acted on the full range of commercial disputes and projects over many years.
Commercial is a broad term. It covers many sectors, industries and categories of business. It is the term we use to cover all business issues and projects. While our firm has demonstrable and targeted sector focus and in specific practice areas, our lawyers have advised and acted on the full range of commercial disputes and projects over many years.
At its core, commerce is about selling and buying goods and services. Much goes into making that happen. Insurance, finance, corporate structures, contracts, relationships, marketing, reputation and trust. We understand this. As a growth-minded business ourselves, we are driven by an entrepreneurial spirit and a strong drive to understand the commercial context of any project or dispute that we are handling.
A sample of our commercial work includes real estate projects, construction disputes, transportation issues, foreign exchange currency disputes, e-trading platform set-up, employment and industrial relations, distribution contract disputes, drafting executive corporate contracts, post M&A disputes, major partnership and corporate disputes, energy contracts, offshore projects, pipeline issues, supply contracts, service contracts, vendor contracts, retail sectors, technology & communication disputes, intellectual property protection, the full supply chain, and many other types of business issues and deals.
Advising an Austrian Gambling Corporation in a personnel restructering process including the negotiations of a social plan and drawing up of a new minimum salary scheme.
Assisting an Austrian lottery company in a restructering process including the drafting and negotiation of a social plan.
Assessing criminal and civil options, and coordinating an asset seizure search and attach strategy in Mexico for a major case for shipowners pursuing a Chinese mining conglomerate in Mexico. The underlying case involved allegations of cartel cooperation and fraudulent dissipation of assets (USD 2.5 million).
Representation of a Southern European logistics company in Vienna-seated arbitration proceedings and settlement negotiations against a German service provider (VIAC).
Representatin of a major Korean shipyard in arbitral proceedings against a Dutch shipbuilding conglomerate regarding a share purchase agreement (ICC).
Advising an Austrian manufacturer of vehicle lighting systems and electronic components on employment and industrial relations matters, including working time scheme, shop agreements and employee’s IP rights. Representing the company in court proceedings against employees challenging their employment termination (Austrian courts).
Supporting a German manufacturer of optical systems and optoelectronics, in employment law matters including the transfer of employee data and the implementation of a home office scheme due to the COVID-19 pandemic.
Assisting an international animal welfare organisation with regard to all their Austrian employment law matters.
Representing a Viennese university in a court procedure against a researcher (Austrian courts).
Assisting a German manufacturer of products from carbon, with regard to the intra group elections of its Societas Europaea works council.
Assisting an Austrian manufacturer of industrial rubber and plastic in employment and industrial relations matters, such as the elections of its European Works Council
Assisting a German pharmaceutical company with their day-to-day employment matters.
Assisting a Swiss pharmaceutical company with regard to all employment law aspects of a transfer of undertaking in Austria.
Assisting a U.S. manufacturer of diagnostic healthcare products in employment law matters such as lately reviewing their employee handbook / code of conduct.
Supporting a leading global human proteins manufacturer (one of our long-standing clients) in every aspect of their employment and industrial relations issues.
Representing the company in court proceedings against its works council and individual employees regarding the employee’s classification in the company’s overall salary scheme (Austrian courts).
Representing the company in court proceedings against its works council with regard to the
potential change of the current working time schedule in the company’s various production lines(special conciliation board at the Austrian courts).
Assisting a multinational plastics company in its day-to-day employment law matters.
Assisting a Viennese laboratory with regard to employment law questions including working time schemes under the current COVID situation.
Assisting a multinational company in the field of health information and clinical research with the solutions for its various day-to-day employment law issues, including the drafting of the required contracts for its managing directors.
Supporting a French multinational manufacturing company with regard to Austrian employment law, such as successfully enforcing post contractual restraint of trade clauses against former employees and the implementation of home office during the COVID-19 situation.
Assistance of a multinational supplier in printing and packaging industry regarding a change in the management of the Austrian entity. Representation in the court proceedings against client’s former managing director with regard to his company pensions entitlement (Austrian courts).
Representation of a multinational Swiss biopharmaceutical company against the claim of former long-time employee that the termination of her employment relationship was unlawful.
Representation of an Austrian pharma company in employment law court procedures against former employees.
Supporting a catholic relief, development and social service organisation in their employment matters, including representation in the proceedings against chairman of the client’s works council regarding the termination of his employment contract (Austrian courts).
Assisting an Italian multinational pharmaceutical company in employment law matters, such as the arrangement of home office conditions, the termination of employment relationships and the draft of shop agreements.
Assisting a world leading coatings company (one of our long-standing clients) in all operative day-to-day employment law, industrial relations and pension issues.
Assisting a world leading chemical company (one of our long-standing clients) in all operative day-to-day employment, industrial relations and pension issues. Supporting the company in all employment related aspects of a recent M&A deal (TUPE). Advising on timeline for meeting the information and consultation requirements towards the works council and the protection afforded to employees in the course of a transfer of undertakings situation.
Representation of a member of the board in the insolvency procedure of the stock company.
Assisting U.S. multinational medical devices and health care company, with their day-to-day employment matters.
Assessing the laws on lifting the corporate veil on companies in Mexico for a major shipping demurrage case, where the underlying cargo interests were not in a position to accept delivery and the vessel carrying crude ended up waiting for months before discharge could occur (USD 3+ million).
Advising a fertility clinic with regard to their day-to-day employment law matters.
Assisting a Swiss multinational pharmaceutical company with all their day-to-day employment law issues.
Representing the company against a former employee in a court proceeding (Austrian courts).
Assisting the company with issues involving parental part time arrangements and works-council members, including the adjustment of their contractual roles within the entity.
Supporting the company to duly conduct their works council elections in 2020 during the COVID pandemic.
Supporting an Austrian group in the feed and food safety with regard to the employment aspects of an acquisition of a further group company.
Supporting an Austrian wildlife park, with regard to the recall and appointment of its managing directors.
Supporting a nursing home in all their day-to-day employment matters.
Representing a Dutch manufacturer of printers in a court proceeding against a former employee (Austrian courts).
Representing a former board member of an Austrian international gambling company in the negotiations of his separation from the company.
Assisting an Italian multinational pharmaceutical company on the employment law aspects of a transfer of undertaking (TUPE).
Assisting a globally diversified U.S. conglomerate with regard to Austrian employment law issues during an acquisition of a multinational biopharma business with a subsidiary in Austria.
Representation of an Eastern European state in an investment arbitration against a UK company in the health care sector (EUR 30 million, UNCITRAL).
Representation of Eastern European state in the Southern District of New York regarding enforcement proceedings arising from an UNCITRAL arbitral award. Successfully obtained attachment of funds deposited with arbitral body.
Representaiotn of major turkish conglomerate in pursuit of claims against US manufacturer of heavy equipment for defects and return of deposits, successful defeat of subject matter jurisdiction challenge involving the structural nature of a Turkish A.S. (Anonim Sirket).
Obtained sanctions on behalf of a minority shareholder following dismissal of a lawsuit on the basis of res judicata filed against minority shareholders by the directors of the corporation for tortious interference and civil conspiracy in the Circuit Court of Cook County, Illinois.
Assisting a Spanish company in the field of in vitro diagnostics with regard to the employment law aspects of an acquisition in Austria.
Advising Mexican subsidiary of a major Austrian group in the oil drilling industry on its day-to-day corporate and employment issues, including the drafting and reviewing of master sales agreements that contain provisions stipulating specific timeframes and transportation information for delivery and return of rental equipment, as well as other complex commercial contracts.
Representation of an European industry holding company in arbitral proceedings against an Asian industrial group regarding indemnity and warranty claims following an M&A transaction in the paint and coatings industry (EUR 7 million, ICC).
Representation European winery against allegations said to sound in breach of contract and unjust enrichment brought by alleged US distributor.
Representation of a Singaporean shipping company with its main seat of business in London in enforcement and recognition of foreign award proceedings (USD 5.7 million, Mexican courts).
As we are watching the breaking late-night US news that the former President, Donald Trump, and 18 others, have been indicted by grand jury with conspiracy under the RICO Act in the state of Georgia, USA – this Case by Case episode (#74) comes at an opportune time.
With Luke on the move this week, Calum drafted in his compatriot Leo Rees-Murphy to discuss the recent Supreme Court decision in Philipp v Barclays.
Case by Case 71 – Refining the law on Foreign Experts
“This is not a paid commercial… but … TimTams!”
After the yummy detour, this pod is about a serious arbitration topic.
The scope of an arbitration agreement. We know it well under English law. Here the question is subject to Iranian law.
Calum and Luke had a lot of fun in NY doing this session in front of key clients last week. Our colleagues’ heckling notwithstanding. Essentially, we skip through 6 recent English cases from the first half of 2023. Some we’ve done before and some are new. Traversing plenty of territory in the shipping, commodities and insurance space. This pod will give you a good flavour of what’s been going on in the courts.
And yes, that’s our wacky art wall in the NYC office and not a virtual background…
This week Luke and Calum are back with a chat about England & Wales Court of Appeal case DHL Project & Chartering Ltd v Gemini Ocean Shipping Co Ltd  EWCA Civ 1555.
In this week’s episode, Luke and Calum discuss English Commercial Court case Anron Bunkering DMCC v Glencore Energy UK Ltd  EWHC 295 (Comm). Commodity sales contract dispute between buyer and seller. Seller paid significant sums but not the full price. Buyer received those sums and discharged much, but not all, of the cargo.
We had a remarkable time at our New York client event last week!
It was a pleasure hosting this year’s Moot Alumni Association International Commercial Law & Arbitration Conference at our Vienna offices.
The annual installment of the Moot Alumni Association International Commercial Law & Arbitration Conference is coming up in just 3 weeks’ time (Friday, 31 March), and this year, the event’s held at the ZFZ Vienna offices!
We are absolutely delighted to announce the upcoming promotion of Calum Cheyne to Partner with the firm, effective 1 January 2023.
We are delighted to welcome two new partners, Friederike Schäfer and Joe Gosden, along with two new associates, Alexandra Tompson and Leo Rees-Murphy, and new international capacities in the form of a German desk.
We’re delighted to welcome Richard Murray to our London office!
Partner Edward Floyd had the honor this week of briefing a great group from the US intel community on the interrelation between maritime law and national security.
The inter-club agreement is designed to prevent litigation. It normally does so, so any reporting providing further clarity is welcome.
The vessel was time-chartered on an NYPE form containing the BIMCO Non-Payment of Hire Clause. Hire was payable 15 days in advance, every 15 days.