The Ideal Solution: Dispute Avoidance
Agile Service Contracts and Change Requests
Project requirements regularly become outdated. Traditional rigid specifications are only partially suitable as a basis for large projects and in practice lead to more disputes than solutions. Aitava has years of experience in advising on agile and breathing work contracts and practically implementable change request procedures, thus avoiding conflicts in contracts that allow the flexibility necessary in the project without sacrificing legal certainty.
Renegotiations
Sometimes projects or circumstances develop differently than planned at the time of signing the contract. Our consultants are professionally trained and experienced negotiators. With in-depth knowledge of the underlying economic and technical challenges and tactical skills, we support you with relevant negotiations to protect your interests in the future and find a win-win solution with your contractual partner.
Exit
A Plan B is needed. Planned or unplanned exits from contracts urgently require a strategy for the technical, legal and commercial implications and their mitigation. However, the best preparation for an exit takes place when the contract is signed, with exit provisions to avoid disputes and deadlocks. Aitava assists you with exit decisions, strategy planning and implementation.
Change of Service Provider
Never touch a running system. But when it stops running, you are faced with the challenge of changing service providers. Rely on our market knowledge and expert strategy advice at the interface between the business, purchasing, and legal departments. Aitava is at your side to understand requirements, analyze the market, and develop options for your service provider change.
Adversary Proceedings
Mediation and Conciliation
Every complex IT project is prone to conflict. Service providers often reach their performance and capacity limits, especially with large projects, and allow themselves to be carried away into making tough promises in the bidding competition, while clients underestimate the necessary cooperation and make additional demands in the course of the project. Different expectations at the start of the project lead to misunderstandings.
Mediation and arbitration are objective and structured procedures that can be used to clear up misunderstandings, build trust and get the joint project back on track.
Aitava can do both technology and law. Aitava sees itself as an interpreter between the parties, in order to quickly, efficiently and purposefully overcome challenges.
IT Litigation
“If the facts are against you, argue the law. If the law is against you, argue the facts. If the law and the facts are against you, pound the table and yell like hell”
– Carl Sandburg
Aitava combines legal and technological expertise to develop the litigation strategy that will help you achieve your goal in IT disputes. We are convinced that a successful IT lawsuit can only be conducted if the lawyers also understand the substantive issues in dispute and only then develop a thorough litigation strategy.
Aitava protects your interests in the best possible way and finds an efficient solution to settle your IT dispute. Aitava is a strong partner and a strong opponent. We help with contract enforcement and termination.
IT Arbitration
Arbitration is also becoming increasingly popular in IT law. IT arbitration allows you to bypass the time-consuming court system and enforce your interests in a specialized, flexible and internationally recognized procedure. With IT arbitration, you have the opportunity to select highly qualified arbitrators with in-depth knowledge of the IT industry. The proceedings are conducted under the rules of the arbitration institution of your choice and offer you the freedom to customize the process and procedural rules.
The decisions of the arbitral tribunal are final and binding, and the proceedings can be conducted without public participation to protect your trade secrets and maintain confidentiality. We can help you decide whether an arbitration clause is appropriate, select and compose the arbitral tribunal, and prepare and conduct the arbitration proceedings.
