Settlement, mediation and arbitration, gesellschafterstreit-anwalt.at

Why this focus matters now

Not every shareholder dispute belongs before an ordinary court. Settlement, mediation and arbitration can be faster, more confidential and closer to the economic reality.

Critical clause and conflict points

Arbitration clauses in the articles, willingness of both sides, quality of mediators and the question whether a parallel safeguard is needed are critical.

How to prepare

For choosing the dispute path, review articles, economic interests, time pressure and the role of third parties. Arbitration can run in parallel with a preliminary injunction.

Review checkpoints

Check existing arbitration clause and its scope.

Name candidates for mediators or arbitrators.

Compare procedure costs, confidentiality and timetable.

Name the limits of an out-of-court resolution honestly.

Frequently asked questions

Is mediation always useful?

Only if both sides are willing to negotiate. Under a unilateral power position without interest in agreement, mediation mostly wastes time.

Are arbitration awards enforceable?

Yes, in national and international dealings arbitration awards are enforceable in many constellations.

This information is initial orientation and does not replace legal advice in an individual case. No deadline, success or cost guarantee.