{"id":2455,"date":"2026-05-13T14:56:38","date_gmt":"2026-05-13T14:56:38","guid":{"rendered":"https:\/\/urbanthier.de\/?p=2455"},"modified":"2026-05-31T07:50:52","modified_gmt":"2026-05-31T07:50:52","slug":"process-management-and-arbitration-in-the-usa-2","status":"publish","type":"post","link":"https:\/\/urbanthier.de\/en\/prozessfuehrung-und-schiedsgerichtsbarkeit-in-den-usa-2\/","title":{"rendered":"Litigation and Arbitration in the USA"},"content":{"rendered":"
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Litigation and Arbitration in the USA<\/h1><\/div><\/div>\n\n
\"Judge<\/span>\n

Image source: Lieghtfield Studios
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In the course of increasing globalization and intense economic interdependence between Germany and the USA, legal disputes between German and American companies arise regularly. For German clients, proceedings in the USA often present a particular challenge, not only due to the distance but especially because of fundamental differences in the legal systems.<\/p>\n

We represent German plaintiffs and defendants in complex commercial litigation in the USA, working either directly with locally licensed colleagues or with long-standing partners from our US network. A thorough understanding of the specificities of American civil procedure is crucial for litigation success.<\/p>\n<\/div><\/div>\n\n

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Jurisdiction and Applicable Law<\/h3><\/div><\/div>\n\n

From the very beginning of a legal proceeding, the central question arises: Where will the lawsuit be filed and which law will apply?<\/p>\n

These questions are by no means trivial, as contracts often contain jurisdiction and choice of law clauses, multiple jurisdictions may be considered in parallel, and strategic considerations play a significant role. The choice of court can have a substantial impact on the duration, cost, and chances of success of proceedings.<\/p>\n<\/div><\/div>\n\n

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2. Alternative Dispute Resolution: Arbitration and Mediation<\/h3><\/div><\/div>\n\n

In the USA, out-of-court dispute resolutions play a significantly larger role than in Germany. Typical instruments include Mediation<\/strong> (mediation) and Arbitration<\/strong> (Arbitration with binding decision)<\/p>\n

Many contracts contain corresponding clauses that can even exclude state court proceedings.<\/p>\n<\/div><\/div>\n\n

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3. Federal Court vs. State Court<\/h3><\/div><\/div>\n\n

A key difference from the German system is the division of jurisdiction into Federal Courts<\/strong> and State Courts.<\/strong> From a practical standpoint, proceedings before Federal Courts are often more structured and resemble German proceedings more closely. State Courts can vary significantly depending on the state.<\/p>\n

Both systems also fundamentally have a Jury trial<\/strong> Possible.<\/p>\n<\/div><\/div>\n\n

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4. Filing of a lawsuit, often without a specific damage amount<\/h3><\/div><\/div>\n\n

One point surprising to German clients: In the US, a lawsuit is often without precise quantification of the claim<\/strong> filed. Court and legal fees generally do not depend on the amount in dispute. Damages are often only specified in the course of the proceedings.<\/p>\n<\/div><\/div>\n\n

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5. The core of the US procedure: Discovery<\/h3><\/div><\/div>\n\n

Probably the biggest difference from German civil procedure lies in the evidence-taking process. In the USA, a significant part of the evidence gathering outside the courtroom<\/strong> instead. The central instruments are:<\/p>\n