Litigation & Dispute Resolution

Resolving disputes through litigation is not always the best solution, and where possible and reasonable, we are oriented at achieving out-of-court settlements in order to save our clients’ most important resources: time and money. However, it is not always possible to reach an acceptable settlement and avoid litigation altogether.

An important part of the daily activity of our attorneys is related to representation of clients in the settlement of disputes: our team offers its assistance to clients in courts of justice, arbitration courts and other tribunals. If necessary, we also represent clients in out-of-court negotiations and act as intermediaries and conciliators.

Our experienced litigation and arbitration team maintains a long record of successful performance in areas as diverse as corporate, competition, public procurement, intellectual property, real estate and construction, employment, tax disputes etc. The firm’s dispute resolution expertise extends to the European Court of Human Rights, investment protection disputes at the International Centre for Settlement of Investment Disputes (ICSID) and to arbitration courts in Helsinki, Stockholm, London and Washington.

Our expertise extends from practice to legislation – we have actively participated in the development and drafting of regulations on court proceedings and other forms of dispute resolution.

• Successfully representing the largest TV set manufacturer in Lithuania and the Baltic States UAB “Siauliu tauro televizoriai” in a complex international arbitration case related to the international trade.
• Representing the owner of the exclusive rights to the use of the “Stolichnaya vodka” trademark in a notable intellectual property dispute against the alcohol producer AS Liviko. The appeal in cassation was fully approved by the Supreme Court.
  
• Acting as counsel for AB Lietuvos geležinkeliai, the state controlled railway company, in a major ad hoc arbitration case under the UNCITRAL rules.
• Dispute resolution team represents one of the leading Scandinavian banks in a number of litigation actions.
• Acting as counsel for the Government of the Republic of Lithuania in connection with the recognition of the arbitral award of the Arbitration Court at the Association of International Chamber of Commerce, Denmark issued in favor of Svenska Petroleum Exploration AB.
• Acting as an expert in the arbitration court of the International Centre for Settlement of Investment Disputes (ICSID) in disputes in the matter of Sampo Pank (former Postipankki Oy), OKO Bank Plc (former Okopank Osuuspankkien Keskuspankki Oyj) and VTB Bank (Germany) AG (formerly Ost-West Handelsbank AG) versus the Republic of Estonia (through the Ministry of Finance) concerning the Republic of Estonia’s investment protection contracts with the Federal Republic of Germany and the Republic of Finland and several corporate and insolvency matters.
• Representing the sole shareholder of Kiviõli Keemiatööstus (Kiviõli Oil Shale Processing & Chemicals Plant) in a dispute over the sale of Kiviõli Keemiatööstus shares with a value of EUR 200 million.
• Serving as an arbitrator for the Arbitration Institute of the Stockholm Chamber of Commerce in the matter of Tschudi Shipping Company versus the Republic of Estonia.
• Successfully representing the Estonian Ministry of Defence in public procurement disputes regarding building runways and related systems at the Ämari Air Base (a NATO infrastructure investment) and renovating the Naval Base piers.
• Serving as an arbitrator for the Arbitration Institute of the Stockholm Chamber of Commerce in the matter of AS Alta Foods versus AS Luterma (formerly AS Kalev) in their dispute over the sale of the biggest foodstuff producer in Estonia, Tere AS.
• Successfully representing former shareholders of Stora Enso Timber (former AS Sylvester) in one of the largest tax disputes in the Baltics against the Estonian Tax and Customs Board. The dispute concerned taxation of gains on sales of shares, and the legality of the application of the principle of substance-over-form and related constitutional rights.
• Serving as an arbitrator for the Estonian Chamber of Commerce and Industry in the matter of AS Starman vs. Tele2 Eesti AS in their dispute over the sale of a shareholding in a telecommunications company owned by Tele2 Eesti AS.
• Representing a management board member in a landmark business prohibition case. The Supreme Court annulled the prohibition on business applied by lower courts and gave a profound explanation to the partial amendments of its former postures on the presumptions, extent and requirements of applying business prohibition and detailed guidelines to be followed in all future cases.
• Representing Tele2, Lithuanian branch one of Europe’s leading telecom operators.
• Advising the shareholder of an Estonian foodstuff group AS Pere Leib in a landmark dispute regarding an unlawful merger with AS Cibus carried out by the managing body with the attempt to take control of the company in absentia. The firm enforced the claim for the compensation of damage before the Supreme Court. The decision has a significant impact on the investment environment in Estonia.