Dispute Resolution - Litigation

Based on legal practitioners’ knowledge and on the judicial and arbitral background, we propose practical strategies tailored according to the interests of our clients, with the aim of settling disputes in the least burdensome and more effective way, both, in litigations and arbitrations procedures.

From this point of view, the Litigation Department of the firm has extensive knowledge regarding different areas of dispute resolution: trials carried out by specialized Courts that deal with Labour, Commercial, Bankruptcy and Insolvency, Civil, Tax and Family Law, in administrative proceedings and trials carried before the Administrative Court and in national Arbitrations proceedings in which issues of various matters are involved.

Administrative Proceedings:

In the administrative area, we assist our clients in the filing of administrative proceedings before several Government Bodies (Ministry of Economy and Finance (MEF), Ministry of Labour and Social Security (MTSS), Social Security Fund (BPS), Internal Revenue Service Administration (DGI), National Internal Audit Office (AIN), National Environment Agency (DINAMA) etc.), participating in the conduct of the case and in the possible challenge of administrative actions, as well as the corresponding annulment actions before the Administrative Court (TCA).

Arbitration:

The firm practitioners` have broad experience as members of arbitration tribunals and representing our clients in arbitrations proceedings for the resolution of disputes such as: family disputes, corporate disputes, claims regarding termination or breach of contract. We also represent our clients in Labour matters, in individual or collective cases, as well as in family matters.

Our professionals have also broad experience in extrajudicial dispute resolutions proceedings, intervening in conciliation and mediation.

Aviation and Maritime Transportation:

We participate in claims that are initiated against airlines and maritime companies at the judicial and extrajudicial level and in arbitrations arising from aviation and maritime transportation contracts.

We also represent our clients on administrative proceedings at the National Department of Civil Aviation and Aeronautic Infrastructure (DINACIA), the National Port Administration (ANP), the Consumer Defence Office and at the corresponding offices within the Ministry of Public Works and Transport.  

Bankruptcy and Insolvency:

We represent our clients in bankruptcy and insolvency proceedings both as debtors for the purposes of restructuring their liabilities and as creditors (credit checks, meetings, enforcement of collateral securities, etc.).

Civil:

The firm members participate in several proceedings aimed at the settlement of disputes regarding the interpretation, validity, resolution, termination and execution of civil and commercial agreements.

We represent our clients in different judicial stages in actions related to contractual and tort liability. Our practitioners’ have vast experience in matters of professional liability and product liability.

We also have extensive experience in the field of leasing’s, and in proceedings aimed at the settlement of disputes concerning real estate ownership, possession, conveyance and management.

Our professionals participate in the execution and enforcement of: security interest (pledges and mortgages), personal guarantees (bonds) and foreign judgments and arbitral awards.

Company Law:

Our firm actively intervene in litigations concerning disputes between shareholders and directors, as well as between partners of other business structures such as limited liability companies and partnerships, disputes concerning the challenging of meetings decisions, the judicial intervention of companies, the disregard of legal entities and corporate or individual liability actions against directors.

Criminal:

For those cases in which our clients may require legal advice and participation in criminal matters, we work with external consultants specialized in this field who participate in criminal claims and defences initiated by and against our clients.

Competition Law and Consumer Relations:

We provide assistance to our clients in administrative proceedings (Consumer Protection Area, Commission for the Promotion and Protection of Competition) and judicial matters related to issues of Competition Law and consumer relations.

Enforcement of Credits –Securities:

We promote the collection of credits out of court but, as the case may be, we participate in judicial collections, trying to guarantee our clients credits. As part of the legal judicial assistance we provide, the firm participates in the necessary preliminary proceedings (signature acknowledgement, service of notices, etc.), in the submission of the executory proceeding and in the effective execution of securities (checks, promissory notes or bills of exchange), including the necessary registration in order to proceed with the freezing of assets of the debtor and the subsequent execution of the guarantee.

Family:

In the area of ??family businesses, we give advice on disputes arising from the management and administration of such businesses, promoting balanced solutions that avoid litigation. When appropriate, we represent our clients before Family and Civil Courts.

Furthermore, we represent individuals in succession proceedings, from the submission of a request for the commencement of the succession to the effective division of the inheritance.

Insurance:

We provide assistance in claims relating to: insurance policies, recoveries for insurance companies; and in proceedings filed against policy holders covered by said companies.

Labour Claims and Collective Conflicts:

Together with the Labour Department of the firm, we represent clients in labour claims before the Ministry of Labour and Social Security (MTSS) and specialized Labour Courts.

We also assist our clients in collective matters, both, before the court seeking the settlement of collective disputes and also out of court. Our professionals have exhaustive experience in collective bargaining, either in bilateral negotiations or in tripartite meetings, in practically all activity groups established by the Wages Councils. We specialize in the resolution of collective labour disputes, within the scope of the National Department of Labour (DINATRA) and the Wages Councils.

Precautionary Measures:

We carry out preparatory measures seeking to safeguard the personal and property rights of our clients. We promote the adoption of precautionary measures in time to safeguard the rights and interests of our customers.

Social Security:

We participate in the defense of our clients in administrative proceedings before the Ministry of Labour and Social Security (MTSS), Social Security Fund (BPS) and the Internal Revenue Service Administration (DGI) and in litigation and arbitration procedures tending to elucidate disputes regarding the payment of social security taxes and contributions.

Writ of Injunction (Amparo):

We represent clients in writs of injunctions aiming for the protection of constitutional and fundamental rights which have been injured or restricted by actions, omissions or decisions of different subjects; as well as in actions that seek the cessation of abusive means carried out by unions (such as: protests that involve the takeover of the premises, hard pickets, aggressive lock-outs, etc.) that harm the rights of the employer and workers, or in actions that seek the protection of personal rights.