Arbitration proceedings are a distinct alternative to going through a normal court, providing an additional way of resolving conflicts. They are a rapid, cheap and efficient route to decisions that will be accepted by state authorities. SCWP provides experienced arbitrators and represents its clients before both Austrian and international arbitration tribunals.
The perfect solution
SCWP prides itself on being able to develop made-to-measure solutions. We have developed numerous standard products and adapt them to fit perfectly the needs of each individual client. We see it as a matter of course that every client, from the first point of contact through to completion of a project be given personal advice by one of our firm’s experts.
Business-to-Business Mediation
Litigation does not always produce satisfactory results. During mediation, an impartial mediator helps the parties mutually agree a solution. Our firm uses excellently trained mediator/lawyers, all of whom are in the registry of mediators kept by the Austrian Federal Ministry of Justice. SCWP holds mediations itself and/or provides clients with experienced legal support during out-of-court dispute proceedings.
Company Law
Company law is one of our core areas of expertise. SCWP supports its clients in every phase of their business activities, from the creation of a company to its liquidation. To help you, the client, realize your full potential, we work closely with accountants and tax advisors, making it possible to develop both optimal and innovative solutions. “One-stop shop” is not just a buzzword. It is our day-to-day mission.
Competition and Fair Trading Law
Everything a company does that impacts the competitive environment must meet the standards laid down in national and European competition law. Infringements of competition law can attract massive penalties, which may include damages claims or fines of up to 10 per cent of an enterprise’s global revenues. Our legal consultancy services in the fields of competition and fair trading law focus primarily on the development of compliant corporate strategies and alliances, on helping clients plan mergers and on designing a variety of marketing and distribution structures. Our experts also represent clients during competition law cases before both national and international courts as well as helping foreign companies entering the Austrian market.
Criminal Business Law
Austria’s Verbandsverantwortlichkeitsgesetz — or companies accountability act — regulates the accountability of a commercial enterprise for the actions of its management and staff. It has added a new dimension to criminal business law. Not only do our firm’s expert partners in this field have years of experience as defence lawyers working in business and financial law. They also — and most importantly — give preventative advice, for instance auditing internal company processes and developing complete compliance programmes.
Employment Law
The terms of an employment contract are the foundations for a bond between employer and employee that may last for years. We help our clients draft contracts (contracts of employment, staffleasing contracts, etc.) and develop working-time models and works agreements. Other focuses include employment law consultancy services during corporate mergers and demergers, company restructurings and company closures and the development of social plans. We also advise clients on staff redeployment, staff participation models and contracts relocating staff within Austria or across borders. SCWP represents its clients before all employment courts in Austria.
Financial, Banking and Capital Markets Law
SCWP helps both issuers and financial intermediaries effect transactions and raise funds in the capital markets. Above all, we assist clients with initial public offerings (IPOs), secondary public offerings (SPOs), the raising of hybrid capital, bond issuances, structured borrowing, delistings and public takeovers. Our services also include planning companies’ legal structures, advising clients on regulatory issues, executing due diligence audits, preparing private placement memoranda and prospectuses, drawing up contract documents, helping clients select stock markets (dual listings) and preparing road shows. In addition, we advise our clients on banking and bank supervision law, capital markets and stock exchange law, insurance law and investment fund law.
Insolvencies and Financial Rehabilitation
SCWP has always acted as a legal advisor on insolvencies and financial rehabilitation. Our firm’s partners have accumulated years of experience in this branch of law. Besides the examination of contracts to ensure that they are “insolvency proof”, corporate financial rehabilitation, pre-insolvency preparation, insolvency procedure management, post-insolvency acquisitions and the assertion of creditors’ rights in the event of an insolvency are also core components of our service range.
Intellectual Property
The protection of intellectual property (trademarks and registered designs, copyrights) is key to many companies’ profitability. Rapid economic and technical change make it necessary to take prompt and appropriate action to safeguard such rights. SCWP has a separate Trademarks Department that, among other things, manages over 2,000 trademarks for our clients, its skilled specialists applying the know-how needed to protect and defend intellectual property.
IT and E-Business
SCWP is highly technology-aware. Our experts in the IT, e-business and data protection fields have actively promoted the development of Austrian law in these areas and have acquired an international reputation for their work. Our services span a range from IT outsourcing, software contracts, e-business, e-banking and electronic payments to mobile business and WEB 2.0 applications. Data protection and consultancy services in every related field are special focuses of our work.
Litigation
Litigation is a traditional focus of a lawyer’s activities. Nowadays, complex litigation calls for exceptional professional expertise, a high level of motivation and an uncompromising commitment to protecting the client’s interests. These are the minimum standards that SCWP sets itself when acting as a client’s legal representative in court.
Mergers & Acquisitions
Corporate acquisitions, sales and mergers have a critical and lasting impact on the financial futures of those involved. M&A transactions must be meticulously planned and executed. Our specialists are experienced in every aspect of an acquisition, starting with the very first, legal due diligence phase. They are flexible in their approach, developing tailor-made, creative structures that perfectly match the needs of the particular client. Contract management is a particularly important part of this process.
Project Finance and PPPs (Public Private Partnerships)
Partnerships between the public sector and private enterprises are a modern and inventive way of organizing public services. In these partnerships, public authorities at federal, regional or local level or bodies commissioned by such authorities enter into strategic partnerships with the private sector to jointly render services on a long-term basis. SCWP is one of Austria’s pioneering experts in this modern form of cooperation between the public and private sectors. It was SCWP that developed and implemented Austria’s first PPP models for railway networks, hospitals and public roads.
Property and Construction Law
A broad spectrum of legal and business expertise is needed to effect property transactions. Besides providing overall legal support during a project, our most important services in this area include managing the legal aspects of a project; developing made-to-measure contractual structures; advising clients during construction projects, the sale of companies in the property sector, purchases and sales of apartment buildings and land, the subdivision of plots and property lease transactions; solving landlord and tenancy law issues; and providing advice on the competition and environmental law aspects of property projects. Experienced experts are also on hand to deal with our clients’ questions in the field of construction law. Above all, we help our clients prepare and interpret works contracts, solve warranty claim problems, meet regulatory requirements, finance projects and sell finished buildings.
Public and Environmental Law
Our centre of excellence for public law boasts a wealth of practical know-how. We are particularly experienced in the project support, project completion and environmental law fields, but we also have a team of specialists on hand to solve our clients’ other problems in the field of public law. If necessary, the support we provide extends to representing clients before Austria’s higher public law courts (the Verwaltungsgerichtshof, or administrative court, and the Verfassungsgerichtshof, or constitutional court). Cases cover a range from planning permission to so-called administrative penalty proceedings to the consolidation of approvals for production plant and equipment.
Public Procurement Law
We advise and assist contracting authorities structuring or carrying out public procurement procedures, ensuring that a contracting authority’s needs are met and that the requirements of public procurement law are satisfied. Furthermore, tenderers too need legal support during public procurement procedures, especially when preparing tenders and negotiating procurement contracts for complex projects. We represent both contracting authorities and tenderers during procurement audits at both national and regional level.
Restructuring
Restructuring within a group or individual company involves making important strategic decisions. SCWP helps clients effect structural changes undertaken for business reasons as well as restructuring ahead of complex corporate acquisitions. We draft concepts, examine the legal implications of changes and negotiate the best possible contract terms.
SMEs
Most Austrian companies are small or medium-sized enterprises. We feel a special commitment to these companies, whose needs are many and varied. The scope of our activities and areas of speciality in this field is broad, making us flexible and effective solvers of problems both big and small. We see it as a matter of course for every client to be given personal advice by one of the firm’s partners. We are always on hand when a client needs us.
Structured Finance
We assist companies and banks effecting complex structured finance transactions. We attach particular importance to developing madeto- measure legal solutions. SCWP has specialist experience in the financing of high-grade assets, in venture capital and private equity transactions and in the issuing of corporate bonds and profit share rights (so-called Genussrechte). We have, for instance, helped our clients complete power station, mobile phone network and real estate projects.
Tax
Our services in the domestic and international transaction fields also include tax optimization. We feel that it is as important to develop carefully customized solutions for private clients as it is to tax-optimize planning by companies and company groups. We involve acknowledged tax experts in project completion processes directly, as partners of our firm, for instance when developing tax structures for property projects or M&A transactions. In addition, we evaluate loan structures and clients’ investments.
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