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DAVID NEUKIRCHNER
ATTORNEY AT LAW, RECHTSANWALT
International Arbitration
I represent my clients in institutional arbitration under the rules of the ICC (International Chamber of Commerce), the ICDR (International Centre for Dispute Resolution), the DIS (German Institution of Arbitration), the LCIA (London Court of International Arbitration) and others as well as in ad hoc arbitration proceedings.
I provide goal-oriented, efficient advice at every stage of the proceedings including pre-arbitral negotiations, the commencement and the conduct of the arbitral proceedings, advocacy at trial and the enforcement of awards. My international professional experience equips me with the necessary legal, linguistic and inter-cultural skills to efficiently manage international arbitral proceedings.
I offer a deep understanding of commercial transactions and sales law under US, German law and international instruments such us the CISG and the Incoterms. At the same time, I am also familiar with the particularities of the automotive industry, the energy sector and the construction business.
Litigation
I represent my clients before all German district courts and appeal courts as well as New York State Courts in cross-border disputes. When required, I work together with US attorneys to pursue my clients' interests before other US state and federal courts.
At the outset of the proceedings I will evaluate my client's case from a procedural and substantive perspective to develop a sound and cost-efficient trial strategy that is not limited to one forum. I will assist my client in choosing and defending the most convenient venue and forum available to a claim under US or German law.
I am familiar with the procedural differences between the German and the US court system such as an often-time-consuming pre-trial discovery under US law versus an extremely limited right to seek evidence from the opposing party under German law; or jury trials in the US versus German judges weighing evidence discretionary in civil proceedings. These and other differences have a great impact on how to conduct a case and often on the outcome of a case. My US and German qualifications and background uniquely place me to assist my clients in understanding and navigating these procedural and substantive challenges in a cross-border dispute.
Amongst other, I am experienced in corporate and complex civil and commercial litigation, international law as well as choice of law and forum selection clauses.
Enforcement of Foreign Judgments
Both the US and Germany require creditors to undergo a formal court procedure to benefit from the outcome of a judgment rendered abroad. I represent my clients in having their foreign judgements recognized and enforced in German and/or the US courts. In this respect, I advise my clients which specific actions to take, which formalities to follow and further support them in obtaining the required documents and translations to ensure a smooth enforcement of their foreign judgment. I also inform my clients in advance about the international law issues that may arise during the proceedings.
Having your foreign judgement recognized is often only the first necessary step in collecting an outstanding debt. See Next Practice Area "Debt Collection" below for how I can further assist you in collecting your debts.
Debt Collection
I assist my clients in overcoming the obstacle associated with enforcing debts in a foreign country, in particular with regard to unpaid invoices, promissory notes, bank checks, mortgages, and other financial obligations.
My services include: determining whether you have enforceable claims under US or German law (see also Practice Area "International Arbitration" and "Litigation" above), location of assets and debtors, translation of English and German documents and enforcement of foreign judgements (see Practice Area "Enforcement of Foreign Judgments" above).
Commercial & Corporate
On behalf of my international clients in Germany and the US, I negotiate and draft a wide variety of contracts and commercial agreements, in particular documents to establish legal entities, agency agreements, purchase and sales agreements, contracts for services and employment. I am also experienced in drafting arbitration clauses, choice of law and venue clauses.
I offer complete market entry services to German companies seeking to expand into the US market or US companies seeking to enter the German market. My legal services include structuring the form of business, drafting corporate documents and establishing the required entities such us German corporations, a US limited liability companies or partnerships; negotiating and drafting contracts with employers and business associates; register copyrights and trademarks; as well as concluding licensing and technology transfers.
Where beneficial to my clients I work with specialized attorneys in different areas that will provide them with outstanding services.
Service to Law Firms
I also assist law firms in cross-border transactions and disputes. In particular, I analyze specific questions of German or US law, assess risks for your clients and colleagues, help develop specific procedural strategies, review, select and translate relevant documents, review and draft commercial contracts, and file submissions in the US or Germany.
Depending on your needs, I work directly with your clients or I work discretely and internally with your attorneys. Often my dual legal and cultural background will enable you to communicate more efficiently with your clients and allow for a more productive attorney-client relationship.