Litigation and dispute resolution

Disputes weigh on people and organizations. Energy spent on conflicts cannot be invested in positive projects. At Schuermans advocaten we therefore apply three basic principles:

  • Better safe than sorry: prevention of disputes is our top priority. Thanks to our experience in court, we know how to keep our clients out of court.
  • An early solution if possible: in the interest of our client, we will not hesitate to pursue a settlement.  The peace of mind of our clients is tremendously important.
  • Though if needed: if need be, we pull out all the stops to get results in court.

We are experienced in a variety of possible types of procedures, including:

  • procedures on the merits
  • injunction proceedings
  • summary proceedings
  • unilateral procedures
  • class actions
  • interim relief and expert survey
  • appointment of trustees or provisional directors
  • proceedings for drawing up an inventory of assets or inheritances
  • disputes on (national and) international jurisdiction
  • seizures
  • arbitration and mediation in disputes subject to the regulations of CEPANI or the International Chamber of Commerce (ICC)
  • ad hoc arbitration
  • disputes concerning the annulment and enforcement of arbitral awards.

Examples

Ad hoc arbitration for the Belgian franchisees of an English hydraulics system with a subsequent challenge of the enforceability and validity of the award.

Civil action by a pharmaceutical company in response to accounting fraud by a former employee with enforcement in Austria.

English ICC arbitration against the Swedish purchaser of high-pressure containers.

English ICC arbitration at the request of the Bulgarian subsidiary of a DAX-listed copper-producer against a Turkish purchaser with application of the Vienna Convention on the International Sale of Goods(CISG).

Ad hoc arbitration on performance incidents in the construction of offshore wind turbines.

Successful rejection of the actio pauliana by the Belgian State pursuant to a division of real estate after a forced judicial sale.