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Litigation and Arbitration
Litigation
To be right is not the same as being proved to be right!
We have considerable experience and a long tradition of litigation, including preparation, planning and implementation of litigation. Litigation for Fabritius Tengnagel & Heine is an independent legal special discipline placing particular demands on the lawyer’s training, experience and care.
Preparation and planning of litigation is crucial for the result that can be expected when the courts are to give a ruling in a case. If a question been submitted to the opinion of experts appointed by the court all relevant documents presented, necessary witnesses and professionals called in are just some of the matters over which there must be control. Material, which is not involved in the preparation of the case, the courts cannot attach importance to during the case. It is therefore of the greatest importance that early on in the course of events strategic and planning decisions are taken in order to achieve the best result for the client. Our advice always includes guidance on and evaluation of the possibilities of an eventual amicable settlement of the case.
Implementation, in addition to sound legal skills and basic preparation, rhetorical and analytical knowledge is required Examination of witnesses, verification of experts, must be carried out, previous convictions gone through, appendices etc. produced, all with a view to that the court being given the completely correct view of the client’s case.
Litigation has traditionally been the lawyer’s main area, however, this is no longer the case. We have taken the consequences of this development and maintain this traditional legal discipline as one of our major strong points.
It is our stated goal that the one who is right will also be proved right.
Danish and International Arbitration
Fabritius Tengnagel & Heine have considerable experience of assisting clients in both Danish and International arbitration cases. We are able to assist in both English, German and the Scandinavian languages.
We have lead cases before the International Court of Arbitration - within the organisation of the International Chamber of Commerce - (ICC arbitration), The Danish Court of Arbitration (Det Danske Voldgiftsinstitut), The Danish Arbitration Board for the Construction Industry (Voldgiftsnævnet for Bygge- og Anlægsvirksomhed) etc.
Furthermore, we have initiated ad hoc arbitration according to arbitration clauses not pointing to institutionalized means of arbitration. If the governing law is Danish, knowledge of the Danish Arbitration Act No. 553 of 24 June 2005 is crucial to the case.
Since arbitral awards may not be challenged through appeal, the planning and handling of arbitration proceedings is of significant importance. The lawyers of Fabritius Tengnagel & Heine are aware of this fact and act accordlingly when clients entrust us with the handling of international arbitration cases.
The New York Convention on enforcement of Arbitral Awards is incorporated into Danish law and arbitral awards may therefore in general be enforced by a Danish enforcement court (fogedret). We provide assistance with the enforcement of international arbitral awards in Denmark. The request for enforcement to the danish enforcement court must be filed along with a copy of the award, the arbitration agreement and a certified translation of these documents into Danish.
Board of Appeal and Complaints Board
Fabritius Tengnagel & Heine advise on the handling of appeals and complaints, including the expediency and/or necessity of carrying out the hearing at a board of appeal or complaints board.
A board of appeal and complaints board could be appointed in accordance with or as a result of private initiative where special procedural regulations are connected to the individual board of appeal and complaints board.
Board of appeal and complaints board matters are initially not enforceable, which means that even if the board of appeal or the complaints board agreed with you the other party is not obliged to comply with the decision. However, a number of operations, companies and public authorities have from the start notified that a decision from a board of appeal or complaints board will in practice be accepted.
We undertake management of cases for a number of boards of appeal and complaints boards.
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