Shareholder disputes in Germany can potentially significantly disrupt a company’s progress. They are common in the corporate world, often arising from divergent interests, disagreements over company direction, or alleged breaches of fiduciary duties. Deep divisions within a company regarding its aims, business strategies and means of conducting business can cause confusion and make growth more difficult. In Germany, where corporate governance is highly regulated and intricate, legal guidance is essential when facing such challenges. Recognising the critical need for swift and effective resolution, Schlun & Elseven Rechtsanwälte is committed to providing expert legal advice and support to clients facing shareholder disputes in Germany.
At Schlun & Elseven Rechtsanwälte, our German corporate lawyers support and advise companies, managing directors and shareholders regarding their legal rights and available options in the event of a shareholder dispute. Our corporate law experts’ timely advice can ensure you receive the required support during a challenging undertaking. These disputes can jeopardise corporate stability, hinder decision-making processes, and ultimately undermine shareholder value.
Whether through negotiation, out-of-court settlements, arbitration, or litigation, Schlun & Elseven Rechtsanwälte is dedicated to protecting shareholder rights, preserving corporate harmony, and fostering long-term stability for our clients. Trust in our firm’s proven track record and unwavering commitment to excellence as we guide you through the intricacies of shareholder disputes in Germany. Please do not hesitate to contact us directly for specialised legal counsel tailored to the requirements of your specific case.
Arbitration presents itself as an often more cost-efficient manner of resolving shareholder disputes in Germany. There are many advantages of arbitration as a method of conflict resolution, such as it is time-saving compared to often drawn-out legal conflicts, and the parties involved have some degree of control over arbitration rules.
Arbitration proceedings are private and, therefore, confidential, preventing details of the conflict from entering the public domain. Additionally, arbitrators often consist of experts in the field; therefore, the parties are aware that the person overseeing the dispute has a keen understanding of business. However, arbitration is usually binding and without recourse to appeal. The competent Higher Regional Court (OLG) can set aside an arbitration decision in exceptional cases.
To begin arbitration proceedings in Germany, the parties should be aware that the arbitration agreement needs to follow a formally valid manner (§§ 1031, 1066 ZPO). This agreement should contain unambiguous provisions allowing transfer from the state court to an arbitral tribunal. Furthermore, this agreement needs to be in place at the time of the arbitration proceedings. Don’t hesitate to contact our lawyers directly for further advice or support with available arbitration solutions. Our team advises parties in such disputes but can also oversee the arbitration procedure.
Full-Service Legal Support in Germany
Shareholder disputes and disagreements concerning a company’s management are serious issues, and expert legal advice is required in such cases. Our dedicated German corporate law practice group combines their in-depth knowledge of German law and corporate structures with industry-specific insight. Whether the dispute involves those involved in larger limited liability companies (such as AGs or GmbHs) or partner disputes concerning those in partnership models such as GbR, KG, GmbH & Co. KG and OHGs, our lawyers will provide you with expert representation, thorough preparation and deep analysis of the legal options available to you.
We advise managing directors, companies and individual shareholders throughout all stages of shareholder disputes. Our full-service legal model ensures that our experts will examine your case from every angle. Our range of specialists and dedicated teams across legal fields ensures that particular synergies are often created to pursue suitable legal solutions.
Practice Group: German Corporate Law
Practice Group:
German Corporate Law
Contact our Lawyers for German Corporate Law
Please use our online form to outline your request to us. After receiving your request, we will make a brief initial assessment based on the facts described and provide you with a cost offer. You can then decide whether you would like to engage our services.