Corporate disputes

GESSEL has accumulated long years of experience advising on all and sundry corporate disputes, in the course of which we have assembled a team composed of litigation experts as well as specialists in capital markets law and company law. This combination guarantees top-notch legal service, enabling us to plan all the fine points of the litigation strategy with the Client and to implement it in the reality of the courtroom.

GESSEL’s litigation track record is marked with many successes in corporate disputes, also in cases which have received extensive media coverage. We are well aware that every case calls for a customised approach, duly accounting for the unique characteristics of the company and the relationships between its shareholders while not losing sight of the time factor.

We do appreciate the fact that disputes first arise a long time before a statement of claim is filed. Our experience allows us to strive towards a favourable outcome for our Client along two parallel tracks, working within the extant corporate framework while preparing for possible escalation to the courts.

Scope of services:

As we plan a litigation strategy, we try to anticipate the moves of our adversary. Apart from the lawsuit as such, we support corporate Clients with respect to sessions of their corporate bodies and, in the case of publicly listed entities, with performance of reporting obligations so as to proactively safeguard the interests of the company and the shareholders alike.

GESSEL offers a broad range of services at the pre-litigation phase as well as in the course of court proceedings:

  • Claims for finding corporate resolutions invalid / for revocation of resolutions;
  • Claims for finding corporate resolutions non-existent in the eyes of the law;
  • Proceedings before the registry courts;
  • Proceedings concerning collusion among shareholders (acting in concert);
  • Proceedings re breach of shareholder obligations;
  • Claims for rectification of harm to a company / disputes among shareholders (actio pro socio);
  • Disputes re dividends;
  • Proceedings for exclusion of a shareholder and for winding down of limited liability companies;
  • Claims re violation of legally protected interests, criminal proceedings.

Without prejudice to the above, GESSEL is proud to have assisted in resolution of complex disputes by way of out-of-court settlements, supporting our Clients in the attendant negotiations.