Litigations, Arbitration and Bankruptcy
"The frontline of conflict resolution"
Mazars’ conflict resolution practice covers the whole range of litigations, from traditional litigations to arbitration and mediation, as well as other alternative conflict resolutions in national and international matters.
These could imply multiple parties and multiple claims, and develop in several tribunals and courts in each customer’s jurisdictional areas.
The firm provides advice to its customers in the definition and implementation of their litigation strategy, assessing their risks and proposing preventive solutions, including mediation processes. Where it is unavoidable, the company litigates with the necessary aggressiveness, always being aware of the need in many cases to resolve disputes in a friendly manner, so as to maintain commercial relationships.
Mazars’ team works closely with other acting areas in the company in the development of initiatives to help customers to reduce their litigation risks.
Our main acting areas are the following:
- Corporate and commercial litigations (lack of compliance with business agreements, post-acquisition elements, directors’ liabilities, competition act, international payment guarantees, etc.)
- Civil liability on products or services
- Labour and employment litigations (collective and individual litigation)
- Litigations on bankruptcies (for creditors and debtors)
- Litigations on construction (claims on construction agreements, commercial leases, etc.)
- Administrative and constitutional proceedings
- Advice in bankruptcy proceedings
- Recovery of credits in litigation for banks and financial entities
Litigations in ordinary tribunals
We represent our customers before the different tribunals in all types of complex matters and in all fields –corporate, civil, labour and tax–, multiple claims and interests, with a wide range of parties. Furthermore, we also represent large groups and banks, as well as European governments and institutions. We provide advice to our customers on the most appropriate action lines to achieve their legal and commercial objectives. With this view, we work with them to elaborate and implement the best litigation strategies, assess risks, and propose preventive actions, such as conciliation, mediation or mediation-arbitration. Throughout the conflict resolution process, we are proactive and act with determination, but are also very aware of the benefits of a friendly resolution of the conflict and of the need to preserve commercial relationships, where possible.
Our lawyers are specialized in finding creative practical solutions, and in maintaining control on legal conflicts and associated costs. We offer a standardized or bespoke approach, depending on each customer’s needs and particularities. Where necessary, we also search for and request the service by other experts (for instance, technical and financial experts) from different areas or jurisdictions.
Our international team of lawyers is used to carrying out proceedings in the tribunal’s local language and to prepare reports and provide strategic advice in our customer’s language. We are fully familiar with the different aspects related to the choice of legislation, court, comparative and foreign legislation, and we are used to develop our work in multicultural environments. Consequently, we are able to adopt the litigation strategy that best adapts to our customers’ requirements.
Arbitration matters are usually complex and require a bespoke advice. Arbitration allows resolving commercial conflicts in an appropriate and profitable way, since it generates expert decisions by professional arbitrators. It also offers the advantage of allowing the parties to be represented by their trusted lawyers and consultants, regardless of the place where proceedings are followed.
We count with an extensive experience in international and national arbitration, both within the frame of institutional standards and of ad hoc proceedings.
We can act as arbitrators in the hearing and resolution of different aspects in arbitration tribunals or as consultants throughout all of the process’ stages, either in the elaboration of arbitration agreements, holding negotiations before the litigation, in the design of litigation strategies, representation of customers during arbitration proceedings, or in the use of national tribunals to assist our customers in arbitration proceedings, this ensuring the sure recognition and application of the final decision.