We go every step of the way with you. Even when the going gets tough.
With forward-looking contract drafting and negotiated solutions, escalation can be avoided in practice and conflicts can be resolved for both sides. When necessary, we go the last mile and manage contentious proceedings by bringing together legal and technical expertise.
The silver bullet: dispute avoidance
Agile contracts for works and change requests
Project requirements regularly overtake each other. The classic rigid requirement specification is only suitable to a limited extent as a basis for large projects and in practice leads to more disputes than solutions. Aitava has years of experience in consulting on agile and breathing contracts for work and practically implementable change request procedures and thus avoids conflicts already in contracts that allow the flexibility necessary in the project without losing legal certainty.
Sometimes projects or the realities of life develop differently than planned when the contract was signed. 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 fact-based negotiation to safeguard your interests in the future and find a win-win with your contractual partner.
Plan B is needed. Planned or unplanned exits from contracts require a strategy for the technical, legal and commercial effects and their mitigation. The best exit preparation, however, already takes place when the contract is concluded, by avoiding disputes and deadlocks in the event of an exit. Aitava supports you in the exit decision, strategy planning and implementation.
Change of service provider
Never touch a running system. But when things are no longer running smoothly, you are faced with the challenge of a change of service provider. Rely on our market knowledge and competent strategy consulting at the interface between business, purchasing and legal departments. Aitava is at your side to understand requirements, analyze the market and develop options for your service provider change.
Mediation and arbitration
Every complex IT project is prone to conflict. It is not uncommon for service providers to reach the limits of their performance and capacity, especially in large projects, and to be carried away by tough commitments in the bidding competition, while clients underestimate the level of cooperation required and make additional demands during the course of the project. Different expectations at the beginning of the project lead to misunderstandings.
Even in the case of early conflicts in the project, mediation and arbitration offer themselves as objective and orderly procedures for clearing up misunderstandings, establishing trust and getting the joint project back on track.
Aitava knows technology and law. Aitava sees itself as an interpreter between the parties to get challenges out of the way quickly, efficiently and purposefully.
“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 exactly the litigation strategy in IT disputes that will help you achieve your goal. We are convinced that a successful IT process can only be conducted if the lawyers also penetrate the substantive points of dispute and only on this basis develop a penetrating process tactic.
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 contract termination.
Arbitration is also becoming increasingly popular in IT law. With IT arbitration you can avoid the time-consuming court process and enforce your interests in a specialized, flexible and internationally recognized procedure. With IT-Arbitration, you have the option of selecting highly qualified arbitrators who have in-depth knowledge of the IT industry. The proceedings are conducted according to the rules of the arbitration institute of your choice, giving 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 confidentiality needs. We support you in deciding whether an arbitration clause makes sense, in the selection and composition of the arbitral tribunal and in the preparation and implementation of the arbitration proceedings.
We also advise on:
Aitava combines years of comprehensive expertise in complex IT projects. We represent both service providers and customers. From startups to large enterprises.Learn more
Cloud Computing / SaaS
Cloud computing is the new standard. Aitava understands the commercial and technological pitfalls to consider with cloud tools, in addition to the legal challenges.Learn more
Platforms and Digital Business Models
The mega-success of digital platforms is putting legislators on notice. This is often accompanied by actionism. Aitava brings product and law to a common denominator.Learn more
IT Security and Data Protection
Aitava supports you in preparing your company for the current challenges and regulatory requirements and in efficiently minimizing damage risks.Learn more