Litigation, Arbitration and Other Proceedings
BBH has strong presence on the Czech legal market in dispute resolution. BBH dispute resolution team provided counsel to top domestic clients in numerous sophisticated and highly sensitive cases, both in civil court proceedings and in international and domestic arbitration. We provide legal counsel also in criminal proceedings (particularly “white collar crimes”), administrative proceedings and insolvency.
BBH currently represents clients in several international arbitrations worth over 860 mil. EUR, including ad hoc arbitrations under UNCITRAL Arbitration Rules, arbitrations before the Arbitration Court of the Economic and Agricultural Chamber of the Czech Republic, the International Arbitral Centre of the Austrian Federal Economic Chamber in Vienna and the Zurich Chamber of Commerce.
BBH also acts in tens of civil court disputes among which several complex cases which are likely to establish Czech jurisprudence are ongoing. The aggregate amount in dispute in these cases overcomes 950 mil. EUR.
BBH would like to mention the following interesting cases in which BBH was recently or still is involved:
- Arbitration under UNICITRAL Arbitration Rules. We represented significant Czech investors in energetic area in arbitration proceeding against transnational companies regarding breach of shareholder contract. The total claim exceeded 800 mil.EUR.
- Construction Dispute. We provide legal counseling to significant foreign holding in proceeding with building company regarding construction of developer project in Prague. The value of claims in arbitration proceeding under Rules of Arbitration and Conciliation of International Arbitral Centre of the Austrian Federal Economic Chamber exceeds 33 mil. EUR (still not finished).
- Energy Dispute. BBH serves as legal counsel to ČEZ, a.s., a major Central European energy company based in the Czech Republic, in its disputes with Mostecká uhelná, a.s., a major Czech brown coal mining company. Our team prepared and filed a claim on behalf of ČEZ, a.s. for the conclusion of the Long Term Coal Supply Contract between ČEZ, a.s. and Mostecká uhelná, a.s. BBH also initiated civil court proceedings in which ČEZ, a.s. claims damages from Mostecká uhelná, a.s. The value of the claims exceeds 850 mil. EUR (still not finished).
- European Court for Human Rights. We were lead counsel in an extremely involved case representing a very high profile client before the European Court of Human Rights in Strasbourg.
- Česká pojišťovna a.s. We have successfully represented and continue to represent Česká pojišťovna a.s. in non-life insurance disputes exceeding 38 mil. USD. We would like to highlight, for example, our successful defense of Česká pojišťovna a.s. against a claim made by a Czech industrial company amounting to 25 mil. USD for insurance indemnification for loss in connection with the catastrophic floods in 1997.
- Dispute Arising from the Letter of Guarantee. We successfully represented Česká pojišťovna a.s. before the Czech civil courts against a foreign bank seeking the payment of an amount exceeding 19.5 mil. EUR originating from a letter of guarantee securing the payments of certain notes issued by a foreign corporation.
- TV NOVA Corporate Disputes. We successfully represented our client, a member of the PPF Group, in a large number of corporate and other disputes in court and arbitration proceedings referring to the structure of the shareholders of the company, which owns and operates Czech private broadcaster TV NOVA.
- ČEZ, a.s. We also successfully served as legal counsel in a dispute of a Czech industrial company against ČEZ, a.s. in respect of a claim exceeding 19 mil. USD connected to the construction of the first fluid steam generator in the Czech Republic.
- Pražská energetika, a.s. We served as legal counsel to this major electricity distribution company in a dispute with a Czech electricity distribution company regarding payments for the transmission of electricity and the renovation of an electricity transmission network, totaling more than 9 mil. USD.
- Česká kancelář pojistitelů. We continue to represent Česká kancelář pojistitelů (a professional organization of insurance companies which has been granted a license by the Ministry of Finance to operate the Motor Third-Party Liability Insurance) in a lengthy dispute with an individual arising from motor third-party liability insurance. We also served as representatives of Česká kancelář pojistitelů in criminal proceedings held against an individual for illegally seeking the recovery of damages on the basis of false documents. The value of the claim exceeds 5 mil. EUR.
- Compensation of Damages Disputes. We continue to represent Mr. Michlovsky, a telecommunications and engineering businessman, against one of the largest Czech banks in a dispute concerning his action for compensation of damage consisting in the destruction of his enterprise caused by an unjustified payment transfer from his bank account. The aggregate amount including accessories in this dispute exceeds 4,25 mil. EUR. This case will be precedential for claims regarding damage caused by the destruction of an enterprise. This litigation is a continuation of a dispute in which BBH succeeded on behalf of Mr. Michlovsky in a preceding claim for damages amounting to 3,75 mil. EUR which also set judicial precedent in defining banks’ responsibility in protecting client accounts in the Czech Republic.
- Unfair Competition and Trade Mark Disputes. We successfully acted as legal counsel to a prominent web sites operator in an unfair competition dispute, the object of which concerned conduct contributing towards the mistaken identity of domains owned by different entities. We also very successfully represented one of the largest Czech producers of sparkling wine in a dispute concerning protection against the misuse of their world-recognized trade mark and unfair competition.
In addition to the above, we are on the shortlist of, or have provided our legal services to, the following clients:
- PPF Group
- Česká pojišťovna a.s.
- ČEZ, a.s.
- PRAHA-SEN, s.r.o. (member of AFI Europe Group)
- Česká kancelář pojistitelů
- Pražská energetika a.s.
- Komerční banka, a.s.
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