SPECIAL FIELDS

- ON WHAT OUR FOCUS IS -

Learn more about our individual special fields.

Litigation and Legal Proceedings

Whether business man or private individual, young or old. Everyone may be affected by a legal dispute. Because where people meet, also conflicts arise. Disputes burden, particularly oneself, but also the atmosphere in the company or the relationship to relatives. The objective is thus to end a conflict as efficiently and fast as possible.

LEGAL CHAMBERS Kainz, Dr. Thomas Kainz, LL.M. (London), implements this objective for you. This may be done by out-of-court negotiations, mediation, arbitration or litigation.

For many people, the first step to court often takes effort. This need not be the case. LEGAL CHAMBERS Kainz, Dr. Thomas Kainz, LL.M. (London), stills your fears of the unknown by comprehensive transparency and thorough preparation for the proceedings. We aim to explain the expected costs as well as the chances and risks of litigation in detail. We try to minimize the litigation risk by bringing in legal costs insurances or litigation funders, if applicable. Moreover, we help you to acchieve the necessary calm and souvereignty in court by specific preparation for the proceedings as well as the hearings.

LEGAL CHAMBERS Kainz, Dr. Thomas Kainz, LL.M. (London), has many years of experience in legal proceedings and stands for high quality. We represent both companies and private individuals in all disputes and are specialized on complex business litigation. Dr. Thomas Kainz, LL.M. (London) has been in charge of numerous high-quality lawsuits as a partner of a well-known Viennese economic lawfirm, which where also mentioned in the media.

LEGAL CHAMBERS Kainz, Dr. Thomas Kainz, LL.M. (London), represents both companies and private individuals in all disputes, particularly also in complex business litigation and company conflicts, in state courts, in particular also in higher and supreme courts. LEGAL CHAMBERS Kainz, Dr. Thomas Kainz, LL.M. (London)’s, fields of activity thereby include the enforcement of claims, the defence of third party claims as well as interim measures and out-of-court settlement, arbitrations or mediations. Due to a considerable number of international cooperations, LEGAL CHAMBERS Kainz, Dr. Thomas Kainz, LL.M. (London), is able to proceed lawsuits and to support you in numerous countries by its qualified partners.

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Arbitration

In business life arbitration clauses become increasingly popular. Numerous international cooperation partners ask for arbitration agreements in their commercial contracts in order to ensure a „neutral“ and confidential as well as a speedy and cost-effective settlement of possible disputes. The arbitral clauses thereby differ considerably, for example, in terms of the use of an arbitral institution (institutional arbitration vs. ad-hoc-arbitration), the seat of the arbitral tribunal or the applicable material law.

LEGAL CHAMBERS Kainz, Dr. Thomas Kainz, LL.M. (London), examines your contracts and the arbitration clauses therein for their validity. Moreover, LEGAL CHAMBERS Kainz, Dr. Thomas Kainz, LL.M. (London), drafts your contract individually with an arbitral clause tailor-made for your needs.

LEGAL CHAMBERS Kainz, Dr. Thomas Kainz, LL.M. (London), represents you in national and international as well as institutional and ad-hoc arbitrations. Our main focus is particularly on commercial and investment arbitration under the rules of the VIAC, DIS, ICC, LCIA, AAA, UNCITRAL and ICSID. Dr. Thomas Kainz, LL.M. (London) has longtime experience in arbitration proceedings. He has been representing in national as well as international arbitrations for many years and has priorly been working in the arbitration department of an Austrian major law firm. Dr. Thomas Kainz, LL.M. (London) has gained his particular expertise in international commercial and investment arbitration by postgradual LL.M. studies at King’s College London of the University of London, which he successfully completed with emphasis on comparative and international dispute resolution.

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Bank- and Investors Law

Bank law has a specific role in economic life. Questions regarding intended financing, securities trade, concessions or equity requirements appear on the financial world’s daily agenda.

LEGAL CHAMBERS Kainz, Dr. Thomas Kainz, LL.M. (London), advises companies as well as private individuals in all areas of bank law, i.a. loan- and credit agreements, bank transactions, general banking terms and conditions, equity requirements, deposit-, consulting-, clearing- or derivatives contracts as well as in all investment laws particularly such as the WAG („Securities Supervision Act“), KMG („Capital Market Act“) and BörseG („Stock Exchange Act“).

LEGAL CHAMBERS Kainz, Dr. Thomas Kainz, LL.M. (London), drafts and negotiates contracts such as loan- or clearing agreements as well as general terms and conditions.

Also investment claims have become increasingly popular within the last years. Financial scandals such as those concerning Lehman Brothers have led many injured investors to claim back their lost funds in court. Consequently, the jurisprudence has made considerable progress in this field.

LEGAL CHAMBERS Kainz, Dr. Thomas Kainz, LL.M. (London), is specialised in investors claims and represents companies, foundations and private individuals in all investors disputes in the Austrian courts, particularly in the Commercial Court Vienna, the Higher Regional Court Vienna and the Supreme Court. It is our goal to strictly analyse the issue in order to be able to draft the individually appropriate claim for you. Then, we thoroughly prepare our clients for the investors proceedings and for the examination in court by simulating all eventualities in a mock trial. We advise and represent i.a. in proceedings regarding life insurances (e.g. HDI life insurance), property- and ship funds (e.g. MPC-ship fund), Swiss franc loans as well as share- and other securities purchases (e.g. VW stock, Immofinanz, AWD, Meinl).

Dr. Thomas Kainz, LL.M. (London) has an extensive expertise in investors claims. He has litigation experience for many years, in particular in the Commercial Court Vienna, the Higher Regional Court Vienna and the Supreme Court. He has represented in investors proceedings concerning incorrect advice and misleading (WAG, ABGB), infringement of the prospectus requirement (KMG), or infringement of the ad hoc disclosure requirements and market manipulation (BörseG). Dr. Thomas Kainz, LL.M. (London) has thereby litigated numerous proceedings regarding securities purchases (e.g. Immofinanz, Constantia Privatbank, Dragon FX), ship funds or loan- and life insurance contracts. Moreover, Dr. Thomas Kainz, LL.M. (London) is author of the publication „Wertpapierdienstleistungen nach dem WAG 2007“ („Services in the securities field according to the Securities Supervision Act 2007“) and since the year 2014 lecturer at the institute for bank law at the advanced technical college of the bfi Vienna.

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Civil Law

LEGAL CHAMBERS Kainz, Dr. Thomas Kainz, LL.M. (London), advises in all areas of civil law specialising on litigation in these fields:

• Contract Law
• Warranty Law
• Tort
• Easements and Neighbour Law
• Family Law
• Inheritance Law
• Consumer Law
• Estate Agency Law
• Tenancy Law
• Company Law
• Commercial Agency Law
• Labour- and Social Law
• (UN-)Sales Law

LEGAL CHAMBERS Kainz, Dr. Thomas Kainz, LL.M. (London), draws upon its broad experience within these areas. For many years Dr. Thomas Kainz, LL.M. (London) has been in charge of the civil- and civil procedure law department of a well-known Viennese economic law firm, where he has litigated several complex proceedings in the state courts in various areas of civil law.

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Contract Law

For many businessmen contracts are – if at all – necessary evil. Glad about the accomplished business deal, one does not think of disputes; a (tight) contract seems superfluous. Besides, private individuals sign numerous contracts in day-to-day life such as loan- or purchase agreements without even having read them (entirely). That can be dangerous, in particular, when conflicts arise.

LEGAL CHAMBERS Kainz, Dr. Thomas Kainz, LL.M. (London), anticipates such situations by drafting, revising, negotiating with the opposing counsel and examining individual contracts for you. We draft contracts of all sorts, from (real estate) purchase-, over loan-, to tenancy agreements.

LEGAL CHAMBERS Kainz, Dr. Thomas Kainz, LL.M. (London), reviews the effectiveness and validity of your contracts and its provisions and examines terms and conditions. Should it ever be late and your contract already be signed, we look for all possible ways to withdraw from the contract.

LEGAL CHAMBERS Kainz, Dr. Thomas Kainz, LL.M. (London), is specialised on contract litigation. Dr. Thomas Kainz, LL.M. (London) has been litigating high-quality contract disputes for many years such as disputes out of loan agreements, purchase- and subscription agreements, option contracts or tenancy agreements, in state courts as well as in front of arbitral tribunals.

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Tort

First characteristic of a damage claim is – the existence of a damage. What appears to be so trivial, is often the crux of the matter in litigation practice.

LEGAL CHAMBERS Kainz, Dr. Thomas Kainz, LL.M. (London), examines your claims for damages with targeted analysis and presents the state courts with the requirements of your claims in a precise and systematic way. We methodically gather the evidence essential for the proof of your damage and present them with the court according to the process strategy determined. We are specialised on the enforcement of damage claims but do also represent you in respective passive proceedings. Dr. Thomas Kainz, LL.M. (London) has tort litigation experience in state courts for many years.

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Medical Malpractice Law

Incidents may occur during treatments or operations. LEGAL CHAMBERS Kainz, Dr. Thomas Kainz, LL.M. (London), examines for you whether the attending physician has caused medical malpractice or neglected other professional duties. LEGAL CHAMBERS Kainz, Dr. Thomas Kainz, LL.M. (London), represents you in lawsuits for damages out of medical malpractice due to a failed plastic surgery or another surgical procedure as well as caused by an incorrect diagnosis or therapy.

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Inheritance Law

Inheriting may be joy and sorrow. Questions such as regarding the interpretation of last wills, statutory hereditary titles or the recognition of donations are only a few of those which again and again lead to family quarrels.

LEGAL CHAMBERS Kainz, Dr. Thomas Kainz, LL.M. (London), advises you in this regard and particularly informs you about the existing provisions of inheritance law as well as the innovations due to the inheritance amending law 2015. We examine last wills as well as your testamentary and statutory hereditary titles. We are also glad to assist you in drafting last wills or legacies. Should a process be inevitable, LEGAL CHAMBERS Kainz, Dr. Thomas Kainz, LL.M. (London), helps you to enforce as well as to defend hereditary titles. Dr. Thomas Kainz, LL.M. (London) has represented private individuals as well as foundations in several proceedings concerning hereditary titles.

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Tenancy Law

Tenancy law is a complex and comprehensive area of law. Private individuals sign clauses they do not (entirely) understand, businessmen are not sure whether their provisions maintain valid. A contract called „tenancy agreement“ often is a different contract, smallest indistinctness in terms of the wording may produce considerable detrimental legal effects. Futhermore, there are tenants, which make the life difficult due to noise or other interferences.

LEGAL CHAMBERS Kainz, Dr. Thomas Kainz, LL.M. (London), drafts and negotiates your tenancy agreements and examines the provisions therein in terms of their validity and enforceability. We are glad to advise you, whether the clauses contained in your contracts are valid or not. We litigate law suits regarding disputes out of tenancy agreements and on the other side help you to successfully defend such claims. The dispute may concern ordinary or extraordinary terminations, increases, reclaims or reductions of the rent as well as actions of trespass against noisy neighbours.

Dr. Thomas Kainz, LL.M. (London) has been litigating disputes out of a tenancy agreement concerning a famous Viennese palace for many years and accordingly has considerable expertise in the area of tenancy law.

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Trademark Law and Intellectual Property Right

Patents, designs and trademarks often are a company’s centrepiece without which ecnomic life could not be imagined. The high number of internationally active firms leads to problems in terms of the usage and to competition disputes. Moreover, artists want to protect their inventions and often do not know how.

LEGAL CHAMBERS Kainz, Dr. Thomas Kainz, LL.M. (London), advises you in all questions of patent-, design-, trademark- and copyright law. We apply for patents and designs and help you with the registration and protection of your trademark. LEGAL CHAMBERS Kainz, Dr. Thomas Kainz, LL.M. (London), represents you in claims for injunction, elimination and damages due to an infringement of your intellectual property rights and helps you to receive interim mesures, if necessary. Furthermore, we litigate all competition disputes under the UWG („Unfair Competition Act“).

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Labour- and Social Law

Humans spend the main part of their lives at work. Tensions are thus unavoidable and often lead to dismissals and terminations. LEGAL CHAMBERS Kainz, Dr. Thomas Kainz, LL.M. (London), advises you on your rights and duties as employer or employee and represents you in all labour law proceedings.

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Corporate Law

Austrian law offers businessmen a wide variety of companies. The question of the „right“ company in terms of a foundation is often complex and has significant effects on the internal and external relationship. Acquisitions, sales or restructurings of companies require targeted preparation and professional execution.

LEGAL CHAMBERS Kainz, Dr. Thomas Kainz, LL.M. (London), advises you on questions regarding the establishment of both private and joint-stock companies. We support you with the collection of the necessary documents as well as the drafting of the contracts and the registration with the commercial register. Furthermore, we guide you through all stages of company acqusitions and -sales as well as restructuring, ranging from drafting the contracts over the examination of the documents and company („due diligence“) to the payment transaction and the registration of the new company with the commercial register.

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