In February, our team of lawyers specializing in dispute resolution was strengthened by Aleš Linhart, a lawyer with thirty years of experience in this field. Thanks to his extensive experience, he offers clients legal advice in a range of legal areas and is not afraid of even the most complicated disputes. In practice, he has dealt with issues such as real estate disputes, pre-contractual liability, and he is also an arbitrator at the Arbitration Court of the Czech Chamber of Commerce and the Agrarian Chamber of the Czech Republic. To give you a better understanding of Aleš Linhart, we bring you a short interview with him.

What types of disputes have you dealt with most in your practice?
I have mainly dealt with complex cases in areas such as liability for damages in construction, particularly defects in transportation infrastructure, defects and liability for damages in automotive components, professional liability claims, claims arising from insurance contracts, real estate disputes, special restitution claims, and international and investment arbitration.

Which disputes do you consider the most challenging?
Among domestic disputes, the most challenging are those concerning liability for damages and liability for defects in construction, especially in complicated transportation projects. In the area of international disputes, the most demanding are those related to bilateral investment treaties (BITs), where the opposing party is the state, which is a signatory to intergovernmental agreements.

When should a client approach a lawyer?
Ideally, as soon as the client starts thinking about their business or its expansion. As in many other areas of life, early and proactive prevention is the best. This means having well-prepared contracts drafted by skilled lawyers who understand the client’s intentions and situation. It’s better to prevent the situation where a dispute is already looming or has already occurred.

Settlement or litigation?
Settlement, without a doubt. From my nearly thirty years of experience, I can confirm that an acceptable compromise is a "win-win" for both parties. Especially when it comes to disputes that have lasted for years. The risk of complete loss for the client can often be very unpleasant, not to mention the costs of the proceedings. However, it is true that sometimes it is necessary to conduct a tough dispute for a while to find a way to reach a settlement. Sometimes, the case must reach a point where a resolution that seemed unlikely at the outset becomes possible. In some cases, litigation can also be pursued in order to exert pressure on the other side, which may, for example, lead to gaining a better negotiating position.

Litigation or arbitration?
It depends, and it depends on the case. It also depends on which party you are in the contract or what type of legal relationship should be resolved in arbitration. As an arbitrator, I am a strong proponent of arbitration proceedings, especially nowadays, when the quality of decision-making at the Arbitration Court of the Czech Chamber of Commerce and the Agrarian Chamber of the Czech Republic is at a very high level. Of course, it always depends on the individuals involved, specifically the selection of arbitrators. This is something we can help our clients with very effectively. We know the environment and the specific people, as well as their legal and professional expertise.

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We used a publicly available AI translation tool to translate this article from Czech to English. Please contact us if any of the above information is unclear to you.