Dispute Resolution

PARTNERS : ALL

Dispute resolution is a fundamental activity of all the partners of SMITH D’ORIA, in their respective areas of competence.

 SMITH D’ORIA brings assistance at all stages of a dispute, from its prevention to its resolution, as well as for the enforcement of awards and judgments in France and abroad.

We are committed to promoting the use of alternative methods of dispute resolution, such as mediation, and have a substantial track record of success with this type of dispute resolution. 

Nevertheless, SMITH D’ORIA also has an extensive litigation practice, in French courts and in arbitration. Our litigation experience hones our advisory and drafting services.


Examples of our dispute resolution practice include: 

Real Estate litigation and mediation:

• Disputes regarding leases (lease renewal, rent fixing, eviction of lease holders, validity of indexation clauses);

• Disputes regarding construction operations (expert investigations, contractor claims, warranties for defects);

• Co-ownership litigation and mediation;

• Ownership litigation (expropriation, sale disputes).

 

International commerce litigation, arbitration and mediation:

• International litigation in French courts, jurisdiction and conflicts of laws;

• Technical litigation and expert investigations;

• Arbitration and mediation of international construction cases and of supply-chain issues.

 

Public Law litigation:

• Legality of administrative decisions, contractual disputes and claims for damages ;

• Litigation relating to public contracts ;

• Urban planning disputes, whether on planning documents, planning permission or authorizations prior to commercial development.

 

Labour and Employment Law:

• All types of employment litigation, either individual or collective (disputes initiated by staff representative bodies or trade unions, strike management and collective conflicts), at all stages of these disputes (risk assessment, management of crisis situations, amicable proceedings or resolution);

 

IP and art law litigation:

• Patent disputes, both European and international;

• Copyright disputes;

• Litigation relating to the authenticity, the origin and the ownership of works of art ; disputes regarding liability of experts, auction houses and auctioneers ;

 

Corporate litigation:

• Shareholder and warranty disputes;

• Liability actions brought by legal representatives during receivership and winding-up procedures.

 

Insolvency:

• Creditor and repossession claims, assistance to debtor in possession;

• Take-over in insolvency;

• Officer liability.