IT judicial proceedings are usually characterized by the fact that the level of knowledge between the parties and the court is very different. As in a construction process, there are often points (individual defects) that are generally assessed by an expert.
In the context of IT litigation, if the legal proceeding regards difficult questions of deficiency, delay and related consequential questions, it is always expedient to collaborate with a qualified expert consultant. In view of the fact that the procedure is subject to the expert’s examination, an independent evidence procedure can also be used to establish a uniform basis of evidence as a basis for conciliation negotiations.
Independent Evidence Proceedings/Law Suit (rescission, compensation, reduction)
Instead of independent evidence proceedings, direct legal actions can also be taken, such as a rescission, a reduction procedure, a claim for damages and similar. Respectively. In doing so, the Court of First Instance is entitled to obtain an expert’s report even before an oral hearing. However, there is no legal obligation for this action.
IT legal disputes do not necessary need to be carried out before a regular court. By agreeing on a corresponding arbitration jurisdiction, these can often be concluded more quickly and professionally – with respect to the technical aspect of the matter -.
Our Law Firm has achieved great practical results in IT-Mediation Proceedings; we are experts and we know how to avoid expensive in-court proceedings. Do not hesitate to contact us. We are here for you.