SERVICES

Dispute Resolution

At Bartosik Svaby, we offer comprehensive legal services in the field of dispute resolution, grounded in a deep understanding of the complexities involved in resolving conflicts. Whether dealing with commercial disputes, contractual issues – including those arising from construction contracts – or employment-related matters, we are committed to deliver solutions that meet the unique needs of our clients. Our services range from dispute avoidance strategies, through representation in litigation and arbitration, to out-of-court settlements and enforcement of court decisions.

Related Legal Services

Our services in this area include:

We strive to offer practical, effective solutions for our clients, working closely with them to understand their goals and craft strategies that align with their business objectives. Our team has extensive experience handling complex and high-stakes cases, including cross-border disputes, while maintaining a focus on finding resolutions that are both efficient and cost-effective.

Disputes where we have the strongest expertise include mainly:
• contractual claims enforcement, with a particular focus on enforcing payment obligations;
• damages claims, where we assess and handle complex cases involving breach of contractual and/or statutory duties;
• construction disputes, where our primary expertise lies in handling conflicts arising from contracts for work;
• employment-related conflicts, with a focus on representing employers in all stages of employment disputes;
• fraud cases, where we provide representation of the victims from the filing of criminal complaints through the entire criminal process, civil proceedings, and potential enforcement of judgements;
• IP and IT disputes, particularly representing companies focused on software delivery.

Moreover, our practice spans a wide array of industries, including real estate, construction, finance, manufacturing, and technology, enabling us to provide tailored dispute resolution strategies that address the unique challenges of each sector.

We also have substantial experience in representing clients before arbitration panels including cross-border arbitration, ensuring that our clients' interests are protected in an increasingly globalized legal environment.

In addition, we actively pursue out-of-court settlements as an alternative method of dispute resolution. Our approach emphasizes finding efficient and amicable solutions that align with our clients' business objectives while mitigating risks and minimizing costs.

We pride ourselves on our ability to handle complex and high-stakes cases, providing strategic advice and representation at every stage of the dispute resolution process with a proven track record of many successful major lawsuits which changed the case law of the Slovak Republic. Our involvement in high-profile cases and our membership in prestigious legal networks enhance our ability to provide top-tier dispute resolution services.

Within the domain of Dispute Resolution, our legal services cover especially the following:

Strategic Dispute Management: Advising clients on risk management and dispute avoidance strategies, including contract drafting and negotiation to preempt potential conflicts.

Litigation Representation: Providing robust representation in court proceedings, including drafting legal pleadings, presenting arguments, and managing the overall litigation process, with particular focus on:

  • •            contractual claims enforcement: enforcing contractual obligations, particularly those related to the recovery of debts or fulfillment of specific performance terms.

  • •            damages claims: assessing and managing complex cases related to the recovery of damages caused by breaches of contractual and statutory obligations.

  • •            construction disputes: representing in connection with development projects on both investor and contractor sides, with a focus on disputes related to contracts for work

  • •            employment disputes: representing of employers in all types of disputes, with particular emphasis on cases related to the invalidity of employment termination.

  • •            fraud and other criminal cases: filing petitions to the police and office of the prosecutor and communication with the police and prosecutors ensuring effective protection

  • aaaiiiof client´s rights.

  • •            IP/IT cases: expertise in disputes related to intellectual property rights, including issues of licensing, infringement, and enforcement of contractual obligations.

  • •            corporate disputes: resolving conflicts related to corporate governance, shareholder disagreements, and internal management issues.

Arbitration and Mediation: Representing clients in arbitration and mediation proceedings, including preparation of submissions, advocacy, and settlement negotiations.

Cross-Border Disputes: Managing disputes with international elements, including issues related to jurisdiction, enforcement of foreign judgments, and cross-border arbitration.

Regulatory and Compliance Issues: Advising on disputes involving regulatory bodies and compliance with industry-specific regulations.

Settlement Negotiations: Facilitating settlement discussions and negotiations to achieve favorable resolutions without resorting to prolonged litigation.

Enforcement of Judgments: Assisting with the enforcement of court judgments and arbitration awards to ensure compliance and recovery of assets.

Selected
Reference Projects

Browse our most significant dispute resolution successes, achieved alongside our clients.

Lawsuit against National Motorway Company

ongoing

Representation of a Slovak client  in a 15 million EUR dispute against the Slovak National Motorway Company (Národná diaľničná spoločnosť, a.s.) over claims arising from the contract for works concluded between the parties; the legal aspects of this dispute included the assessment of the FIDIC General Terms and Conditions and representation in proceedings before the Dispute Settlement Body.

Bernini’s bust

2022

Representation of a French citizen in several proceedings concerning the original work of art – bust of Pope Paul VI by Italian sculptor Gian Lorenzo Bernini. The counterpart in the dispute was SOGA Auction Company and the heirs of the former owner of the bust. Disputes regarded the court actions to determine the nullity of the sale contract and protection of the personality of the client.

Fraud Case: 30 million EUR

ongoing

Legal assistance to a French company in a fraud case involving Slovak individuals, with total damage of approximately 30million EUR. We are supporting the client in criminal proceedings and the recovery of damages resulting from the fraudulent actions.

LiV ELEKTRA: antimonopoly dispute

ongoing

Representation of the Slovak company in the administrative court proceedings for the review of the legality of decisions by the Antimonopoly Office of the Slovak Republic, which imposed a fine of over 700,000 EUR on the client and a ban on participation in public procurement for a period of three years.

Fraud Case: 140k EUR

2023

Legal assistance to the client in a fraud case worth of EUR 140k committed by a former employee of the client. Legal support included crime investigation, case assessment, and cooperation with law enforcement, as well as addressing related counterclaims in civil litigation.

TRANS VAT: contractual penalties

2016 - 2024

Representation of the Slovak company TRANS VAT, belonging to the French transnational group NEGOMETAL, in several proceedings regarding high contractual penalties and its judicial recovery.

Raiffeisen Bank SA: letter of credit

ongoing

Representing Raiffeisen Bank SA (Romania) in defending multi-million USD claim related to performance under a letter of credit. Court litigation includes complex international issues of jurisdiction, applicable law and application of foreign (Romanian) law by the Slovak court, application of ICC rules as well as defense against issued preliminary injunction.

Administrative Buildings: HVAC dispute over 7 million EUR

ongoing

Legal advisory to an owner of administrative buildings in Bratislava with respect to reconstruction of the HVAC system of the buildings. After the reconstruction the HVAC system had many flaws and defects such as unbreathable air and too high temperature in the premises, which resulted in replacement of the whole technical solution by another one and massive rent discounts for the affected tenants. The case is very complex and technically challenging and involves cooperation with the experts in the respective area. The case resulted in a major lawsuit against the project designer of the HVAC system as well as against the contractors which have carried out the reconstruction.

Shopping Center: price for work dispute

2024

Legal advisory to the owner of a shopping center regarding a dispute over the final price of reconstruction works. Following the reconstruction, the general contractor claimed additional payments for numerous works that had not been approved by the client. The case presented substantial technical and legal challenges, involving a vast volume of technical documentation and complex issues to resolve. It resulted in three major lawsuits with the general contractor.

Plastics - Trade: non-recourse factoring agreement

ongoing

Representation of the Slovak company in the cross-border proceedings against an Italian company, concerning the claims arising from the Non-recourse Factoring Agreement, on the basis of which client’s receivables were immediately after issuance of the relevant invoice assigned to the bank, on behalf of whose, the action has been brought to the Italian court in Mantova.

French developer: defective project documentation

ongoing

Advising SG FM, a Slovak developer belonging to Hamilton group, in a court dispute of a value of EUR 670,000 concerning the contractual relationship with its architect and involving assessment of the quality of delivered works.

Tricklandia: copyright infringement

ongoing

Representation of the defendant in copyright infringement dispute. Both dispute parties have created works that use the mirror effect room. The plaintiff claimed infringement of his copyright while defendant claimed that the use of the same technical solution is not protected by the copyright laws in Slovakia.

Galéria Multium: copyright infringement

2024

Representation of the Slovak company HatroConsult, the owner of Galéria Multium in Bratislava, in intellectual property proceedings regarding alleged copyright infringements claimed by a plaintiff. The case was based on similar merits to the Tricklandia case.

Slovak State Institute for Drug Control

2019

Legal advice to the Slovak State Institute for Drug Control in relation to legal dispute resolution and the most appropriate litigation strategy in a EUR 160,000 dispute against a construction company.

Korean logistics company: loss of goods

Pre-litigation advice to Green Integrated Logistics, a Korean logistics company, in relation to its claim against a supplier for loss of goods.

German software company: software delivery claim

Litigation advice to Softbrands, a German software development company, in relation to defending its position in a software delivery claim.

French export - import company: recovery of goods

ongoing

Representing Cointa, a French export and import company, in relation to recovery of goods transported by an international maritime transport company.

Tinama: reconstruction of hotel

2018

Representing Tinama, a Slovak construction company, in the dispute with its client concerning the reconstruction of a hotel in Northern Slovakia.

HUFI: claim for damages

ongoing

Representation of the Slovak company in proceedings for damages against financial agent of insurance company. The legal dispute is one of the first in which the liability for damage against a tied financial agent of the insurance company was applied.

Czech TV broadcaster: unauthorised cable retransmission

Legal assistance to a Czech TV broadcaster in relation to preparation and filing for a preliminary injunction against unauthorised cable retransmission in the territory of the Slovak Republic.

Eurofins: liability for damages

2022

Representation of the Slovak company from Eurofins, world leader in product testing, with respect to liability for damage. The litigation includes interpretation and application of Regulation (EU) No 1169/2011 on the provision of food information to consumers and related EU regulations.

Cross-border Rendition of Movable Assets worth of EUR 1,300,000

2022

Litigation concerned rendition of movable assets or substitute payment of EUR 1,300,000. Litigation included complicated multi-ground defense in injunction proceedings conducted in Slovakia and Lithuania and execution proceedings conducted in Slovakia. Brussels Regulation was applied (jurisdiction of Slovak courts, enforcement of Slovak injunction in other EU state). Our role consisted in complex representation in front of Slovak courts and executor, with collaboration with Lithuanian lawyers regarding related proceedings in Lithuania.

Fictional Loans Disputes: civil and criminal Proceedings   

2022

Assistance in a case involving fictional loans between two parties, one of whom is a creditor of the client, while the other is enforcing a fictional claim against the client in execution proceedings. This case encompasses both civil and criminal proceedings.

Immocap: claim from contract for work

ongoing

Representation of the Slovak development company in the cross-border arbitration proceedings against the Czech construction company concerning the claims arising from the contract on work concluded between the parties. The client succeeded in the arbitration.

French producer: ownership of machinery  

2014

Representing Ronson Plastics, a French producer of plastic components, in relation to defending its ownership of machinery located in its production facility.

Shopping Center: lawsuit with project manager

ongoing

Legal advisory to the owner of a shopping center regarding a dispute with the project manager arising during the building's reconstruction. The dispute centered on the number of hours approved by the project manager for work performed by a contractor. According to expert opinion, the approved hours were excessively higher than reasonable estimates, leading the client to pay substantially more than necessary. The client alleges that this overpayment resulted from the project manager’s failure to exercise professional care and diligence.

Lawsuit with Contractor: dispute over EUR 40k

ongoing

Legal representation of the client (investor) in response to a payment order issued by the court, requiring payment of EUR 40k for extra works performed by the plaintiff (construction company) on buildings constructed for the defendant. We are providing comprehensive legal assistance, including filing opposition against the payment order, responding to the plaintiff's petitions, and participating in negotiations regarding a potential settlement proposed by the plaintiff. Additionally, the client (defendant) has filed a counterclaim for a loan in the amount of EUR 250k against the plaintiff in the ongoing court proceedings.

Insurance company: cross-border claim from car accident

ongoing

Representation of an insurance company in a cross-border proceedings against a group of four claimants who have brought an action against the client based on the insurance agreement in connection with a road traffic accident that has occurred in Hungary. The plaintiffs claim compensation for non-material damage suffered, especially pain compensation, disbursed medical costs, and compensation for difficulties with social reintegration. The case is complex, as the governing law is the Hungarian law in the proceeding in front of a Slovak court, and also the Hungarian case law must be used.

Compensation Claim: auditor liability

2022

Legal assistance in a compensation action against an auditor firm, where the client successfully secured a judgment, which later became final.

Payment of Damages: non-performance of the contract

ongoing

Representation of a client in a court proceeding claiming payment of damages resulting from the defendant's non-performance of a contract.

Horizontal Division of Building

ongoing

Legal assistance to the client in the preparation for court proceeding related to determination of horizontal division of the building, where our client will be a claimant. Several related proceedings have been initiated and are ongoing in relation to this main litigation.

Employment Lawsuit

ongoing

Representation of insurance companies and banks in numerous employment litigations against former employees. The cases are very complex and challenging as they involve membership of the employees in trade unions, whistleblowers, employment inspections, commercial relationships between the employer and the employees.

Wood & Company: collection of receivables

ongoing

Number of standard litigation matters for Wood & Company regarding collection of rent and other contractual payments.

Immofinanz: collection of receivables

ongoing

Number of standard litigation matters for Immofinanz regarding collection of rent and other contractual payments.

Heitman: collection of receivables

2018

Number of standard litigation matters for Heitman regarding collection of rent and other contractual payments.

Get In Touch

Feel free to reach out to us for any inquiries or further details about our services in Dispute Resolution.

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