Expertise

Our Arbitration practice stands as a hallmark of excellence, recognized for its ability to resolve complex, high-stakes disputes in both international and domestic settings. We represent clients across diverse industries under the world’s leading arbitration rules, including ICC, ICSID, VIAC, UNCITRAL, LCIA, and SCC.

We specialize in Investor-State Dispute Settlement (ISDS), helping clients navigate disputes with sovereign governments under bilateral and multilateral investment treaties. Our expertise includes representing claimants and respondents in matters involving allegations of expropriation, breaches of fair and equitable treatment, and other treaty violations.

In addition to traditional arbitration, our team excels at providing tailored solutions in disputes arising from large-scale infrastructure and energy projects, corporate acquisitions, and financial transactions. We have deep experience in managing claims related to construction delays, cost overruns, contractual breaches, and post-M&A disputes.

We are also industry leaders in implementing Alternative Dispute Resolution (ADR) methods. Beyond arbitration, our ADR practice integrates mediation, conciliation, and mechanisms such as Dispute Adjudication Boards (DAB) and Dispute Avoidance/Adjudication Boards (DAAB). These approaches not only expedite resolution but also preserve valuable business relationships by fostering collaborative solutions.

Our multidisciplinary team is dedicated to devising strategies that achieve optimal outcomes while aligning with our clients’ commercial objectives, ensuring that each dispute is resolved effectively and efficiently.

Our Banking and Finance practice offers deep expertise and pragmatic solutions for mastering the complexities of the financial world. Our team provides comprehensive legal services that address the diverse needs of financial institutions, corporations, and investors in a rapidly evolving regulatory environment.

We offer a full spectrum of services, including:

• Corporate Finance. Advising on all aspects of corporate finance, including mergers and acquisitions, leveraged finance, and structured finance
• Regulatory Compliance. Ensuring compliance with both domestic and international regulations, including Basel III requirements, anti-money laundering (AML) standards, and other financial regulations.

Project and Infrastructure Finance. With a specialization in the Construction and Engineering sectors, our team is well-equipped to handle the intricate financial needs of large-scale infrastructure projects. We provide tailored financing solutions that support the development, construction, and operation of critical infrastructure, including energy plants, transportation networks, and industrial facilities.

Navigating Complex Competition and Antitrust Landscapes

Competition & Antitrust practice offers a sophisticated, forward-thinking approach to navigating the intricate and ever-changing competition law landscape. We provide strategic counsel on a wide range of antitrust and antidumping issues, ensuring compliance while mitigating risks across multiple jurisdictions.

Key services include:

• Merger Control. Expertise in securing regulatory approvals for cross-border M&A, navigating complex, multi-jurisdictional reviews. We excel at guiding clients through rigorous scrutiny by competition authorities at both local and international levels.
• Antitrust Litigation. We represent clients in high-stakes litigation related to anti-competitive conduct, such as price-fixing and abuse of dominance. We also offer pre-emptive counselling to reduce the risk of future litigation.

Regulatory Compliance & Counselling.  We develop tailored compliance programs and provide strategic reviews of distribution agreements, IP licenses, and other critical business arrangements to ensure adherence to antitrust regulations.

We are recognized for our leadership in Construction & Engineering law, with a particular focus on the FIDIC General Conditions of Contract. Our extensive experience spans managing complex, large-scale projects across multiple sectors, including energy, infrastructure, and mining. 

• Comprehensive Negotiation of Construction Projects. We excel in negotiating FIDIC-based contracts, PPP agreements, and EPC contracts. With our in-house FIDIC specialists and engineers, we bring on-the-ground experience from some of the most complex projects worldwide. 

• Effective Contract Administration & Risk Mitigation. We handle contract administration with meticulous care, providing daily project monitoring to ensure seamless execution. Our unique approach to contract compliance, aided by our technical experts, guarantees efficient management of variations, change orders, and payment schedules. We proactively mitigate risks by leveraging both legal and technical expertise, ensuring that potential issues are identified and addressed well before they escalate into disputes.

• Delay and Quantum Expertise. One of our core strengths is our Delay and Quantum expertise, which plays a crucial role throughout the entire project lifecycle—from project implementation to dispute resolution. Our in-house engineers work in tandem with our legal team to provide a deep, technical understanding of project delays, disruptions, and cost impacts.

• Expert Claim Management & Dispute Resolution. Our firm is recognized for its expertise in managing claims related to delays, disruptions, and additional costs. Our FIDIC team, alongside in-house engineers, provides expert delay and quantum analysis, essential for resolving disputes effectively. We have successfully represented clients in Dispute Adjudication Boards (DAB), mediation, and international arbitration, delivering outcomes that align with our clients’ best interest.

Global Experience and High-Profile Collaborations. With a global portfolio, we have successfully managed projects across more than 25 countries, This international scope allows us to offer tailored solutions that address the unique regulatory and legal frameworks of each jurisdiction. We have partnered with some of the world’s leading companies, contributing to highly complex projects across multiple sectors, providing us with a distinct advantage in delivering both practical and strategic advice.

At Nikčević Kapor, we are committed to delivering comprehensive legal solutions that safeguard consumer rights in today’s dynamic and complex marketplace. Our Consumer Protection practice spans both local and regional markets, providing tailored advice to businesses and individuals navigating consumer laws, regulatory compliance, and dispute resolution.

• Regulatory Compliance. We assist businesses in developing and implementing robust compliance frameworks that adhere to both domestic and international consumer protection regulations. 
• Dispute Resolution and Litigation. Our firm represents clients in consumer litigation and dispute resolution, addressing issues such as unfair commercial practices, misleading advertising, and fraud. 
• Product Liability and Safety. We provide legal counsel in the area of product safety, helping businesses manage product recalls and defend against liability claims. Our approach is proactive, helping manufacturers, distributors, and retailers navigate complex product regulations to ensure both consumer safety and business integrity.

Marketing and Advertising Compliance. We work closely with clients to ensure that their marketing strategies comply with consumer protection laws, particularly in areas such as truth in advertising, environmental claims, and digital marketing. This includes ensuring that advertising campaigns do not mislead or violate consumer rights and adhere to both local and international standards.

We specialize in guiding businesses through the intricacies of corporate compliance and regulatory law, ensuring that clients remain fully compliant with evolving domestic and international regulations. 

• Compliance Program Design and Implementation. We have extensive experience advising clients on the development and integration of compliance programs, especially those associated with international organizations and financial institutions. 
• Risk Management and Regulatory Audits. Our team helps businesses identify, assess, and mitigate regulatory risks. We assist clients in managing regulatory audits and compliance reviews, ensuring that their operations meet legal expectations across jurisdictions. 
• Internal Investigations and Crisis Management. We provide support for internal investigations related to compliance breaches, helping clients resolve issues efficiently and minimize reputational damage. 
• Cross-Border Compliance. We advise on cross-border regulatory compliance issues, particularly in highly regulated sectors such as finance, technology, and energy.

Training and Education. We provide customized compliance training tailored to all levels of an organization. Our programs are specifically designed to promote awareness of regulatory obligations and equip employees with the skills to identify and handle compliance challenges, including those imposed by international financial institutions and global regulatory bodies.

Ensuring robust data privacy protection is critical for any business. At Nikčević Kapor, we offer legal services to help businesses navigate the complexities of data privacy laws, ensuring compliance with regulations while safeguarding sensitive information. 

• Data Compliance Programs. Effective data protection goes beyond just adhering to regulations—it requires a proactive approach to managing and safeguarding data. We conduct Data Audits to assess current data protection practices, identify vulnerabilities, and ensure compliance with regulations such as the GDPR and Serbian data protection laws. Policy Development: Our team helps develop and implement data protection policies that align with both local and international standards, ensuring full compliance while safeguarding your business’s sensitive information. Employee Training: We offer training programs to educate employees on data privacy best practices, ensuring that everyone within your organization understands their responsibilities in protecting data.

• Regulatory Compliance and Advisory. Staying ahead of regulatory requirements is essential for avoiding penalties and maintaining customer trust. Our regulatory compliance services include: Regulatory Guidance: We provide ongoing advice on compliance with data protection laws. Data Breach Response: In the event of a data breach, we offer immediate support to manage the situation, ensuring compliance with notification requirements and mitigating potential legal liabilities. Privacy Impact Assessments (PIAs): We conduct PIAs to assess the impact of new projects or technologies on data privacy, helping you stay compliant and mitigate risks.

Data Security and Incident Management. In the case of a data breach or security incident, swift and effective action is critical. We assist businesses in preparing for and managing these events through: Incident Response Planning: We help you develop tailored incident response plans to ensure that your organization can act quickly and effectively in the event of a security breach. Data Recovery and Remediation: Following a breach, we assist in recovering lost data, addressing security vulnerabilities, and implementing measures to prevent future incidents.

At Nikčević & Kapor, we provide comprehensive legal support across all aspects of employment law, ensuring businesses remain compliant with evolving labor regulations while minimizing employment-related risks.

• Workforce Structuring and Redundancies. Advising on workforce restructuring strategies; Managing redundancies in compliance with labor laws.
• Employment Contracts and Agreements. Drafting, reviewing, and negotiating employment contracts; Ensuring compliance with local and international labor standards.
• Workplace Policies. Drafting and implementing clear and compliant workplace policies; Advising on data protection and privacy in the workplace.
• Discrimination and Dispute Resolution. Addressing claims of discrimination and workplace harassment; Assisting in workplace investigations to resolve conflicts effectively.
• Strategic Guidance. Advising on collective bargaining and industrial relations.. Providing counsel on dismissals and termination processes.

Employee Incentive Programs. Designing and implementing incentive programs that align with business goals. Ensuring compliance with tax and labor regulations.

Nikčević Kapor Energy Law practice offers comprehensive legal services across all stages of energy projects, from inception and development through to operation and decommissioning. With a deep understanding of the energy market and a focus on delivering pragmatic, solutions-driven advice, we provide legal guidance to clients involved in oil and gas, renewable energy, electricity, and natural resources sectors.

• Project Development and Finance. We assist in the structuring, financing, and development of energy projects, providing strategic legal advice on joint ventures, public-private partnerships (PPPs), and contract negotiation. Our experience spans both renewable and non-renewable energy projects, ensuring that all aspects, from regulatory approvals to project finance, are managed efficiently. Our team also specializes in drafting and negotiating power purchase agreements (PPAs), energy supply contracts, and grid connection agreements.

• Regulatory Compliance. We offer deep expertise in local and international energy law, ensuring that clients remain compliant with ever-evolving regulations related to environmental standards, renewable energy targets, and carbon emission reductions. Our team provides ongoing guidance on compliance with energy transition regulations and sustainability initiatives in line with global efforts to promote clean energy.

• Energy Transition and Renewables. We have extensive experience advising clients on renewable energy projects, including wind, solar, hydropower, and biomass. As the energy sector undergoes a significant transformation toward clean energy, we guide clients through the legal challenges of transitioning to sustainable energy sources.

Energy Disputes. Energy projects often involve complex, high-value disputes. Our team is well-versed in handling energy-related disputes, including arbitration, litigation, and dispute resolution under international frameworks. We have represented clients in disputes related to joint ventures, energy contracts, and regulatory compliance. Our expertise extends to advising on cross-border disputes, including those involving oil and gas contracts, renewables, and power projects.

We provide comprehensive legal services across the full spectrum of equity capital markets (ECM) transactions, focusing on takeovers, stock exchange matters, and capital market disputes. With extensive experience representing both target companies and shareholders in some of the most complex takeovers on the market, our team offers strategic guidance through each phase of capital-raising and acquisition activities.

• Takeovers and Mergers & Acquisitions (M&A). We have a strong track record advising on both friendly and hostile takeovers, representing target companies as well as shareholders. Our expertise covers the legal intricacies of M&A transactions, including shareholder agreements, tender offers, and regulatory approvals required for publicly listed companies. 

• Private Placements and Rights Issues. Our team advises on private placements and rights issues, ensuring that companies can raise capital through strategic investment channels with minimal regulatory friction. We guide clients through the legal and practical aspects of structuring secondary offerings, helping them maximize capital while protecting their legal interests.

Dispute Resolution in Capital Markets. In addition to transactional services, we also have extensive experience handling disputes arising from equity capital market transactions. Whether it involves disputes between shareholders, regulatory investigations, or conflicts arising from takeover bids, we provide robust representation, ensuring that our clients’ interests are fiercely protected.

With expertise in handling work permits, residency applications, and compliance with local and international immigration regulations, we ensure seamless transitions for both employers and employees.

• Work and Residency Permits. Our team assists businesses in obtaining the necessary work permits and residency visas for employees, whether for short-term assignments or long-term placements. 

• Corporate Immigration Compliance. We help companies stay compliant with local labour laws and immigration regulations, advising on key areas such as employee documentation, compliance audits, and sponsorship obligations. 

• Relocation and Mobility. With the increasing demand for a mobile workforce, we assist clients in managing cross-border relocations, including employee transfers, intra-company assignments, and executive relocations. 

Expertise in Construction Sector Immigration. Our specific experience advising international construction companies allows us to handle the unique immigration needs of large-scale infrastructure projects. This deep sector knowledge ensures that our clients in the construction industry can relocate their workforce with minimal disruption.

INSOLVENCY & RESTRUCTURING

Nikčević Kapor is at the forefront of providing strategic advice to companies, financial institutions, and creditors facing financial distress. We offer comprehensive legal solutions to help manage complex insolvency proceedings, restructuring, and turnaround strategies.

• Corporate Restructuring. Our team specializes in corporate restructuring, providing tailored legal advice to help businesses regain financial stability. We work closely with creditors, debtors, and stakeholders to develop effective restructuring plans that often include debt reorganization, capital structure optimization, and asset sales. 

• Insolvency Proceedings. We represent clients in all types of insolvency proceedings, including bankruptcy, voluntary liquidation, and creditor negotiations. We are adept at navigating reorganization procedures such as pre-packaged insolvency plans, ensuring our clients have a viable pathway to financial recovery.

• Regulatory Compliance and Management. Our lawyers assist in ensuring compliance with local insolvency regulations and international standards, working with regulatory bodies and courts to protect clients’ interests during insolvency. 

Dispute Resolution in Insolvency. We have substantial experience representing clients in litigation related to insolvency disputes, whether between creditors and debtors or among other stakeholders.

Nikčević & Kapor delivers tailored legal solutions for insurance and reinsurance matters, addressing the unique challenges encountered in construction, energy, and infrastructure projects. Our specialization extends to complex contractual arrangements, including PPP and concession agreements, where the specifics of the project demand carefully crafted and custom-made insurance programs. 

• FIDIC Insurance Programs in Construction. Advising on insurance requirements under FIDIC contracts, particularly within the construction sector. Expertise in managing Construction All Risks (CAR) insurance, Professional Indemnity, and other essential policies.

• Claims Handling and Dispute Resolution in Construction Insurance. Resolving complex insurance claims, including those related to delays, cost overruns, and project disruptions. Representing clients in insurance disputes concerning damage claims for insured risks or claims by insurance companies under subrogation rules.

• Regulatory Compliance and Management for Insurance Companies. Navigating the complexities of capital requirements, solvency regulations, and EU directives. Securing regulatory approvals for M&A transactions and portfolio transfers to ensure full compliance.

International Experience and High-Profile Collaborations. Leveraging a diverse portfolio spanning multiple markets to collaborate with global leaders in insurance.

We offer a full suite of legal services to protect and enforce trademarks, patents, designs, and copyrights, ensuring that business innovations and creative assets are secure in an increasingly global landscape.

• IP Strategy and Portfolio Management. From trademark registrations to patent filings, we help companies build robust IP portfolios, ensuring their innovations are protected. Our services include due diligence in M&A transactions, evaluating the strength of IP assets, and providing strategic advice on how to leverage IP in business operations.

• Trademark and Patent Protection. We assist clients in trademark and patent filings, both domestically and internationally. With experience handling complex cross-border IP issues, we ensure that our clients’ rights are safeguarded across all relevant markets.

• Enforcement and Dispute Resolution. Our team is skilled in enforcing IP rights through litigation, arbitration, and alternative dispute resolution (ADR). 

Copyright and Design Protection. We also provide comprehensive advice on copyright and design protection, covering industries ranging from technology to media and entertainment. Our team has extensive experience in handling copyright infringement disputes, as well as providing ongoing support for IP licensing and commercialization strategies.

At Nikčević Kapor, we partner with businesses to navigate the intricate landscape of IT and technology law. Whether you’re developing next-gen software or navigating the complexities of data privacy, our team is equipped to handle the full spectrum of technology-related legal challenges.

• Technology Transactions and Contracting. We provide expert legal counsel on a range of technology transactions, from software licensing and cloud service agreements to technology outsourcing. 

• Data Protection and Cybersecurity. We guide clients through the complexities of data protection and cybersecurity, helping them establish best practices to safeguard their digital assets. 

• Artificial Intelligence and Emerging Technologies. As businesses adopt transformative technologies like artificial intelligence (AI), blockchain, and fintech, the legal landscape continues to evolve. We provide future-focused legal support for companies pioneering in these sectors.

Dispute Resolution in Technology. When technology-related disputes arise, we act swiftly to protect your interests. Our team handles a wide range of disputes, from software defects and licensing disagreements to intellectual property infringements, offering expert representation in litigation and arbitration proceedings.

Our Litigation practice is a cornerstone of our firm, delivering dynamic and results-oriented representation in a wide array of contentious matters. From domestic litigation to complex cross-border disputes, we advocate for our clients at every level of the Serbian judicial system, as well as before regional courts and regulatory bodies.

We approach each case with a blend of meticulous preparation and strategic foresight. Whether representing clients in disputes over construction contracts, financial transactions, or corporate governance issues, our team brings an unparalleled depth of knowledge and skill.

Our experience includes:

• Representing clients in regulatory and compliance disputes, including enforcement actions and investigations.
• Managing high-value commercial disputes involving supply chain interruptions, breach of contract, and product liability.
• Resolving corporate and shareholder disputes, including derivative actions, joint venture conflicts, and post-acquisition disagreements.

In addition to trial advocacy, we focus on proactive dispute management. By identifying potential risks and implementing pre-emptive strategies, we aim to minimize disruptions to our clients’ operations and achieve favourable outcomes without protracted litigation.

Our team is also equipped to handle parallel proceedings, including litigation involving arbitration-related issues, such as enforcement of arbitral awards and challenges to jurisdiction. This comprehensive capability ensures that we provide seamless support across all facets of dispute resolution.

With a focus on creating value and driving growth, we provide end-to-end support to help clients navigate the complex terrain of corporate transactions. Whether managing local regulatory challenges or addressing the intricacies of cross-border deals, our approach is customized to each client’s strategic goals. Our expertise includes conducting thorough due diligence and negotiating contracts to ensure regulatory compliance and facilitating seamless post-merger integration.

• Mergers and Acquisitions. Comprehensive support is provided for various M&A transactions, including public takeovers, private acquisitions, and asset purchases. From structuring deals to due diligence, contract negotiation, and post-merger integration, every phase is handled with precision to ensure compliance with corporate governance and regulatory frameworks.
• Cross-Border Transactions and Regulatory Approvals. Successfully navigating cross-border M&A involves addressing local regulations and managing merger control and foreign investment requirements. 
• Private Equity and Joint Ventures. Assistance is provided for private equity transactions, supporting both investors and portfolio companies in structuring investments and managing risks. 

Dispute Resolution in M&A. When disputes arise over contract terms, warranties, or post-closing adjustments, we represent clients in litigation and arbitration.

At Nikčević Kapor, we provide legal services to guide clients through the processes of securing permits in construction, energy, infrastructure, and mining sectors. Our expertise extends across local and regional markets, allowing us to deliver solutions that comply with stringent regulatory frameworks while meeting project deadlines.

• Construction and Infrastructure Permitting. We have a long-standing reputation for assisting clients with securing permits for infrastructure and construction projects, including those governed by FIDIC contracts. 

• Energy and Mining Sector Permitting. Securing permits for energy and mining projects involves navigating multifaceted regulatory regimes, especially for projects involving renewable energy, oil and gas, and mineral extraction. We have extensive experience working on energy infrastructure projects, offering clients tailored advice.

• Environmental and Regulatory Compliance. Environmental considerations play a crucial role in project approvals. Our firm provides specialized legal guidance on obtaining environmental permits, ensuring full compliance with environmental laws and sustainability standards. We assist clients in addressing environmental concerns during project planning and implementation, ensuring projects meet both national and EU-level environmental protection requirements.

Expertise in Complex Financing Regimes. Our experience extends to securing permits for projects that involve complex financing structures, including those funded through public-private partnerships (PPPs) and multilateral development banks.

Navigating the complex landscape of public procurement requires a deep understanding of regulatory frameworks and strategic bidding practices. Our team ensures that every aspect of the procurement process is managed effectively, from preparing tender documents to negotiating contracts and resolving disputes.

• Tender Support and Contracting. Assisting clients in preparing and submitting bids for public procurement tenders, ensuring compliance with procurement laws and regulations. 

• Regulatory Compliance and Advisory. Ongoing advisory services for avoidance of potential pitfalls related to conflict of interest, anti-competitive practices, and contractual compliance.

• Dispute Resolution and Remedies. Support in filing complaints with regulatory authorities or pursuing remedies.

Sector-Specific Procurement Expertise. With extensive experience in the construction, energy, and infrastructure sectors, we provide specialized procurement advice tailored to the unique challenges of each industry.

Tailored legal support across all aspects of real estate transactions, helping clients navigate the complexities of acquisitions, development, and financing. 

• Acquisitions and Disposals. We guide clients through the legal complexities of property transactions, ensuring that all contracts, regulatory requirements, and due diligence processes are meticulously handled. We also help clients securing optimal outcomes while managing risks associated with land use, zoning, and environmental concerns.

• Real Estate Development. End-to-end legal support for real estate development projects, including land acquisition, planning permissions, and construction agreements. We provide particular expertise in managing projects that involve public-private partnerships (PPPs) and those subject to FIDIC-based contracts.

• Leasing and Property Management. We represent in leasing transactions, advising on commercial leases, retail property agreements, and industrial property leases. 

• Real Estate Financing and Investment. Advising clients on complex real estate financing arrangements, including mortgage lending, mezzanine financing, and project finance for property developments. We assist institutional investors, banks, and private equity firms in structuring their investments in compliance with local and international laws.

Dispute Resolution in Real Estate. Extensive experience in resolving real-estate disputes.