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Practice Area

Litigation

Solutions
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Administrative and Constitutional Litigation


Sérvulo’s team has significant experience of representing its clients in court in cases of administrative litigation that have gone right up to the Supreme Administrative Court. It has an equivalent level of experience in constitutional litigation, both before the various lower courts and the Constitutional Court itself.


Commercial and Civil Litigation

Sérvulo can call on extensive experience in the areas of commercial and civil litigation. This store of know-how means that it can offer a high degree of specialisation and so assist its clients in legal and arbitrational proceedings in these areas, however complex they may be.
As regards commercial litigation, Sérvulo provides its clients with support for contract litigation in general and, more specifically, for distribution agreements (agency, concession and franchise), joint venture contracts, contracts for works and the provision of services, contracts relating to real estate (sale and purchase, leasing, tourist development) and commercial leasing contracts (e.g. assignment of a going concern, winding-up).
In the case of corporate litigation, Sérvulo provides support for proceedings involving corporate decision-making, the accountability of members of corporate management and supervisory bodies, the appointment or removal of members of these bodies and other proceedings relating to the legal exclusion of shareholders. Other legal actions for which assistance is provided include the winding-up of companies, compliance with disclosure obligations, share capital and shareholding operations and changes to company structure.
Sérvulo also offers legal support to numerous clients involved in civil litigation proceedings. These cover a range of issues including contractual responsibilities arising from the interpretation, implementation, noncompliance with, and breaching of contracts. We also represent many of our clients in legal and arbitrational proceedings involving extra-contractual civil liability. These include, amongst others, pre-contractual liability proceedings, producer liability proceedings and professional civil liability proceedings.
Given its client base, Sérvulo has also worked extensively on media-related issues involving copyright and industrial property rights.



 



 


Criminal, Administrative and other sanctions-related litigation

Without neglecting the provision of preventive legal services, particularly as regards risk prevention in corporate structures, Sérvulo most commonly, and naturally, turns to litigation when it comes to criminal proceedings and administrative offences. This is why Sérvulo brings the full weight of its experience to bear in all sanction-related cases or those in which the outcome may negatively affect the way in which its clients are able to operate – whether this is before parliamentary commissions of inquiry, the administrative authorities (in the particular case of administrative offences), the Court of Auditors or, where necessary, the law courts.
The fundamental rights associated with sanctions-related proceedings have meant that Sérvulo has often had to argue its case before courts that deal with such issues, including both the Constitutional Court and international courts.


Arbitration

Arbitration is an extrajudicial mean of settling disputes, and one that has been increasingly adopted both domestically and internationally. The many recognised advantages associated with this method require, just like any other field, that specialist expertise should be employed. This is why Sérvulo has invested so heavily in this practice area. Many of the firm’s partners regularly participate in arbitrations, either as lawyers or as judges. They also take part in the many institutional initiatives promoting this form of action.
Sérvulo is well-known for its involvement in arbitrations across a wide range of fields, including public and private contract disputes. Particularly relevant examples of this include public works contracts, contracts for the provision of services and acquisition of goods, concessions for public infrastructures or public services, distribution and agency contracts, acquisitions of shareholdings and joint ventures, disputes involving commercial companies, competition, civil liability and commercial establishments.


SÉRVULO draws on its comprehensive knowledge of all areas of business and economic activity to provide clients with specialised counsel in dispute resolution cases, be they in the public or private sector, or at the national or international level.

The firm prides itself on acting with thoroughness and rigour, to which end the disputes team works in constant consultation with lawyers who are specialised in the specific sectors of the case. SÉRVULO prioritises litigation prevention by identifying risk and implementing protection strategies, but always defends the client’s interests whenever litigation cases arise.

Sub-Areas Litigation

SÉRVULO has vast experience handling commercial, business and civil litigation. The disputes team has a number of areas of specialisation, but is particularly well-versed in advising clients on highly complex litigations and arbitrations, not least in regard to contractual and non-contractual liability, and litigations relating to trading companies.

Related Team
Cláudia Amorim António Teles João Carmona Dias João Saúde Mafalda Ferreira Santos Teresa Serra Alexandra Valpaços Ana de Brito Camacho João Santos Marta Madalena Robalo Cordeiro Margarida Sepúlveda Teixeira Miguel Santos Almeida

SÉRVULO is fully committed to risk management and litigation prevention, but the firm has accumulated vast experience advising on a broad range of corporate crime, administrative offences and other sanctioning procedures. Thus it has represented clients facing sanctions in law courts, at parliamentary inquiries, before the administrative authorities, the Court of Auditors, the Constitutional Court and international tribunals.

Related Team
Cláudia Amorim José Lobo Moutinho Teresa Serra Ana de Brito Camacho João Santos Marta Madalena Robalo Cordeiro Miguel Santos Almeida