As many relationships are built in the course of a business activity, it is necessary to distinguish between the approaches adopted for each type of conflict.
Negotiation, sometimes accompanied by institutional mediation, comes in as a way to prevent litigation, avoiding losses in continued and strategic relationships.
In the judicial and administrative sphere, litigation demands special knowledge of how the machinery of government works and is sometimes unavoidable due to the risks inherent to business activities.
Finally, arbitration is present as a special method of dispute resolution, with its many benefits and particularities, especially in highly complex and international disputes. The shorter duration of the procedure and its confidential nature make arbitration an attractive option.
The lawyer's performance in Dispute Resolution is therefore quite broad, starting with the drafting of business contracts, together with arbitration clauses, up to handling of legal proceedings.
Hapner Kroetz is well-renowned in national and international arbitrations, having dealt with many institutions and arbitration chambers and participated in ad hoc proceedings, notably in the administrative sphere, in matters of infrastructure as well as in corporate and commercial disputes. Not to mention those involving contractual relations between individuals and administrative contracts, both in Brazil and abroad.
What we do
- Drafting and review of arbitration clauses and commitments;
- Representation of national and foreign companies in national or international, institutional, or ad hoc arbitration disputes;
- Filing of precautionary judicial measures and emergency measures, aimed at ensuring the effectiveness of the arbitration procedure;
- Enforcement of domestic arbitration awards;
- Ratification and enforcement of foreign arbitration awards;
- Filing of actions for nullity of arbitral awards;
- Drafting of legal and advisory opinions in arbitration proceedings;
Litigation, one of the most important areas of expertise of Hapner Kroetz Advogados, has attorneys with broad experience and recognized technical skills in conflict resolution, representing clients before Courts and Government bodies.
What we do
- Representation of national and international companies and institutional investors in judicial disputes, with emphasis on litigation related to civil construction and infrastructure (electric power, oil and natural gas, industry in general, trade and services, forestry, mining, telecommunications, sanitation, ports and airports, and transportation);
- Representation of clients in disputes involving consumer relations, torts, intellectual property, commercial and financial contracts, public service concessions, bids and administrative contracts, regulatory and competition issues, real estate and land disputes, issues arising from property interest, ownership and possession, environmental disputes, credit recovery, bankruptcy and reorganization;
- In the administrative sphere, representation before various governmental bodies and regulatory agencies, especially CADE, BACEN, ANEEL, ANP, ANATEL, ANAC, SAC, ANVISA, ANS, ANTT, ANTAQ, SEP.
- Foreign Trade and Customs
- Business Contracts
- Family & Succession
- Real Estate and Civil Construction
- New Business and Startups
- Intellectual Property
- Copyright and Trademark Law
- Tort Law
Mediation is an alternative method of conflict resolution, in which the parties resort to a third, impartial person who acts as a facilitator of dialogue and self-determination.
The benefits of mediation include confidentiality, the leading role of the parties, the consequent increase in satisfaction with the result, as well as a reduction in the time and amount spent.
The continued bond between the parties, without the losses that come with litigation, brings a special advantage in the mediation of family and business disputes.
What we do
- Mediation before specialized chambers;
- Drafting of multi-step alternative dispute resolution, mediation, and arbitration clause;
- Advice on mediation and execution of agreements;
- Mediation involving the Government.