Disputes of Financial Institutions

Practices

Our key area of specialisation is litigation concerning claims under foreign currency (particularly Swiss franc) credit and loan agreements.

Judgments of national courts show that the issue of Swiss franc loans involves great uncertainty for all parties. According to the statistics, the case-law is still inconsistent, although recently there have been more judgments in favour of borrowers. Among the judgments in favour of Swiss franc borrowers, those declaring loan agreements invalid are definitely dominant. The potential invalidation of numerous agreements as a result of litigation entails a high financial risk, which is why a pro-business approach to legal issues is required.

Our team of litigation lawyers has extensive experience in representing banking sector companies.  Our key area of specialisation is litigation concerning claims under foreign currency (particularly Swiss franc) credit and loan agreements. We represent banks in court and are involved in developing and implementing their litigation strategies. We have also prepared a business strategy concerning compensatory benefits for a leading commercial bank.

Our clients can monitor the claim enforcement process via our unique online system.

Our services

  • Advice on the assessment of the debtor’s financial situation
  • Mediation and concluding of settlement agreements
  • Assessment of effectiveness of potential court proceedings and chances of effective debt enforcement
  • Final demands and negotiations
  • Representing clients before courts of all instances
  • Advising and representing clients in enforcement proceedings
  • Mediation advice – we act as mediators
  • Support in defining and clarifying the issues at stake
  • Advice on the transmission and exchange of relevant information between the parties to the dispute
  • Initial assessment and estimation of chances to win a potential dispute
  • Ongoing advice in the course of other proceedings relating to CHF loans
  • Representation of banks in customer-initiated complaint procedures with respect to credit agreements and in litigation concerning the return of a credit or loan due to failure to make monthly payments
  • Development of a litigation strategy with respect to claims under foreign-currency credit and loan agreements
  • Legal assistance in pursuing claims for remuneration for non-contractual use of capital provided by the bank.

 

Audit of model agreements

In order to guarantee the highest possible level of protection for the bank, we review the existing model agreements in terms of their compliance with the law and the current case-law. We help to prevent currently executed agreements from being declared invalid in the future. In addition, we look for contractual clauses which might cause the agreement to be found invalid.

Assessment of legitimacy of claims

We analyse which of borrowers’ claims are legitimate and have a chance of being allowed by the court. On this basis, we develop and implement the most advantageous strategy for the bank.

Settlement negotiations

Where a bank chooses to hold settlement discussions, we support it at all stages of the negotiations, through strategy development, representation during discussions, ensuring the presence of a competent mediator, if necessary, until the judicial approval of the settlement.

Representation in court

We represent the bank at all stages of litigation, to ensure the best possible outcome, by developing a litigation strategy based on the client’s interests and the cost-effectiveness of the proceedings in a particular case – we examine each case individually. We ensure support in devising the strategy, drafting pleadings and representing the client in court.

Pursuing of claims

We specialise in providing legal assistance at every stage of debt recovery, from final demands and negotiations with debtors, through litigation to enforcement. We assist our clients both in cases between businesses and between businesses and consumers.

Mediation and negotiation

Mediation and negotiation take place at all levels of the dispute. Mediation can be used to resolve disputes or streamline future decision making. Kochański & Partners advise Clients in the process of reaching an agreement without the need to initiate court or arbitration proceedings, by using various alternative dispute resolution procedures, including mediation. Our lawyers advise on the choice between alternative dispute resolution and pursuing claims in court. Kochański & Partners also offer the services of professional negotiators who specialise in resolving disputes in many areas of law.