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Arbitration (including international arbitration) in Germany

Baker McKenzie

Baker McKenzie's strong international practice is renowned in the arbitration field, not least due to its expertise in the sectors construction, plant engineering, infrastructure, and most recently in pharmaceuticals. The team is particularly experienced in post-M&A disputes and specialises in arbitration proceedings in Asia or with reference to Asia. Heiko Haller, who co-heads the practice with Günter Pickrahn, regularly advises pharmaceutical companies, whereas Jörg Risse is a well-versed defence lawyer in infrastructure-related disputes. Ragnar Harbst and senior associate Markus Altenkirch are further key contacts.

Practice head(s):

Günter Pickrahn; Heiko Haller

Busse Disputes

Formed in March 2019, arbitration boutique Busse Disputes rapidly established its practice and expanded its existing portfolio with several international companies, litigation financiers and panel appointments; the team has particular expertise in joint venture, plant construction, investment and post-M&A disputes. Daniel Busse is one of the most established arbitration experts in Germany, both as arbitrator and party representative. Further key points of contact are energy sector expert Silke Justen, Mia Ramb who has a focus on plant construction arbitration proceedings and at counsel level Sibylle Herberg as well as Sven Lange.

Practice head(s):

Daniel Busse; Silke Justen; Mia Ramb

Key clients

Mr Iskandar Safa and Mr Akram Safa

Privinvest Holding SAL

Work highlights

  • Mr. Iskandar Safa and Mr. Akram Safa: Representation in an ICSID arbitration against Greece for claims for damages in the hundreds of millions due to violation of the investment protection treaty between Lebanon and Greece.
  • Privinvest Holding SAL and other companies in the group: Representation in an ICC arbitration with an amount in dispute of approx. €7bn relating to the purchase of a shipyard.

Clifford Chance

The key focus areas of the German arbitration practice at Clifford Chance are proceedings with regard to post-M&A, energy, construction and investment matters, but the internationally well-connected team also shows expertise in the pharmaceutical, financial and manufacturing industries. Practice head Michael Kremer is a well-versed defender in plant engineering disputes and also has excellent know-how in alternative dispute resolution (ADR); Moritz Keller mainly focuses on arbitration proceedings, covering a wide range of topics. The team also includes energy dispute expert Tim Schreiber and Sebastian Rakob, who has expertise in the recognition and enforcement of foreign rulings and arbitral awards.

Practice head(s):

Michael Kremer

CMS

CMS' team has extensive expertise in disputes with reference to civil, trade, energy and transport law but the team also handles contentious post-M&A, finance, construction and plant construction matters. The group regularly acts at international level, most recently in Latin America and the Middle East. Nicolas Wiegand, who spends half his time in Hong Kong, is also well versed in arbitration proceedings with reference to Asia; he co-heads the practice with Thomas LennarzMatthias Schlingmann and Andreas Roquette are experienced in disputes on major construction projects, whereas Klaus Sachs is one of the active arbitrators. Dorothee Ruckteschler left the team in the summer of 2020 to establish her own firm.

Practice head(s):

Nicolas Wiegand; Thomas Lennarz

Gleiss Lutz

The practice at Gleiss Lutz has experience in trade arbitration, especially in connection with post-M&A and joint venture disputes, and is actively increasing its workload in the fields of construction and plant engineering. Stephan Wilske is frequently active in investment arbitration; practice head Stefan Rützel and Andrea Leufgen impress with a broad range of activities, whereas David Quinke is well versed in proceedings with a corporate or capital markets reference. The client portfolio includes several international companies from sectors such as automotive, energy and construction.

Practice head(s):

Stefan Rützel

Hengeler Mueller

The team at Hengeler Mueller is well known for its competence in arbitration proceedings pertaining to contract law and post-M&A at national and international level; an advantage here is the close cooperation with its corporate team. The client portfolio includes companies from different sectors such as energy, agriculture, pharmaceuticals and consumer goods, among others. Carsten van de Sande is well versed in technology-related disputes. Other team members with excellent expertise are Henning BälzMarkus MeierViola Sailer-Coceani, Philipp Hanfland and Maximilian Bülau, who was promoted to partner at the beginning of 2020.

Hogan Lovells International LLP

Hogan Lovells International LLP impresses with an arbitration practice strong in numbers and has particular expertise in the automotive, consumer goods, energy, plant construction and life sciences sectors. Karl Pörnbacher has deep knowledge of ad hoc proceedings and those regarding a variety of regulations; he acts as both party representative as well as arbitrator. Inken Knief has good expertise in delivery chain disputes.

Practice head(s):

Karl Pörnbacher

Linklaters

Linklaters' strengths lie in international arbitration proceedings, particularly with reference to post-M&A disputes and loan repayment claims. The team has extensive experience in the automotive and energy sectors, but also represents clients with a background in manufacturing and the financial sector. Practice head Alexandros Chatzinerantzis is well versed in insolvency litigation and Rupert Bellinghausen handles mediations. Kirstin Schwedt is also an active team member.

Practice head(s):

Alexandros Chatzinerantzis

White & Case LLP

White & Case LLP's German arbitration practice focuses on proceedings in oil and gas, electricity and construction as well as technology, automotive and chemistry. National and international clients appreciate the firm's close cooperation with its international network. Noteworthy is the group's expertise in force majeure matters, which gained particular relevance with regard to the pandemic and the resulting disputes thereof. Practice head Markus Burianski is an experienced party representative as well as arbitrator and Christian Theissen 'has excellent knowledge and experience in arbitration proceedings'.

Practice head(s):

Markus Burianski

Testimonials

White & Case’s approach is very professional. You analyse each case in depth, go into finer details and work out the best legal strategy.’

Markus Burianski is excellent in legal strategy for international and complex arbitration proceedings; very proactive and achieves the desired results through consistent efforts with a customer-oriented approach.’

Christian Theissen has excellent knowledge and experience in arbitration.’

Extremely thorough and precise. No detail is lost here. Questions about the facts are presented and addressed in a recipient-friendly manner.

Markus Burianski: quick, thorough, precise, clear, very personable.’

‘In-depth knowledge of the facts and (legal) case law and the ability to translate their knowledge into clear guidelines for their clients and a solid work product. Well staffed from a cost and quality perspective.’

Christian Theissen is extremely client and solution-oriented. Excellent specialist knowledge. Always available and well connected.

Key clients

Daimler AG

Gujarat State Petroleum Corporation Limited

Grupo Unidos por el Canal, S.A. (GUPC)

Angelique International Limited

Samsung Electronics GmbH

Kraton Corporation

Work highlights

  • Indian group of investors: Advising in two arbitration proceedings against an Arab state regarding EPC contracts for the construction of high-voltage lines.
  • Grupo Unidos por el Canal, SA (GUPC): Representing several arbitration proceedings with the Panama Canal Authority in connection with the expansion of the Panama Canal with an amount in dispute of several billion USD.
  • Various clients: Advice on the consequences of the Covid-19 pandemic, including questions about force majeure, business interruptions and the cancellation of major events, as well as government liability.

DLA Piper

DLA Piper predominantly represents national and international companies in proceedings pertaining to energy, corporate, trade and insurance law. Daniel Sharma is experienced in disputes with reference to the energy, technology, aviation and financial services sectors; Thomas Gädtke on the other hand is well versed in liability matters. Frank Roth is an infrastructure, IT, life sciences and government contracts expert and Wolfgang Jäger is another key contact.

Practice head(s):

Ludger Giesberts

Other key lawyers:

Daniel Sharma; Thomas Gädtke; Frank Roth; Wolfgang Jäger

HANEFELD

Dispute resolution boutique HANEFELD in Hamburg is particularly visible for its arbitration expertise, but the group also regularly acts as party representative. The team handles international proceedings, often in the form of investor vs state disputes; and in March 2020, the firm opened an office in Paris. Name partner Inka Hanefeld is a highly established arbitrator and well versed in energy, construction and plant engineering issues. Jan Heiner Nedden, Nils Schmidt-Ahrendts and Jörn Hombeck are other key figures of the practice.

Heuking Kühn Lüer Wojtek

Heuking Kühn Lüer Wojtek is experienced in post-M&A arbitration, particularly with regard to regulations by the DIS (German Arbitration Institute). The client base is composed of banks and companies from sectors such as energy, offshore and logistics. The practice is headed by Elke Umbeck and Thomas Wambach. In addition, Daniel Froesch is a key contact for financial institutions. Ulrike Gantenberg, who frequently acts as arbitrator, left in March 2021 to establish her own boutique Gantenberg Dispute Experts.

Practice head(s):

Elke Umbeck;  Thomas Wambach

Other key lawyers:

Daniel Froesch

Latham & Watkins LLP

Latham & Watkins LLP has noteworthy expertise in international shareholder and investment disputes, the latter resulting in mandates by investors as well as states. When required, the team cooperates closely with its international law firm network. Sebastian Selmann-Eggebert, who has an excellent track record of representing states, is the key figure. Head of the German dispute resolution practice Christoph Baus places his main focus on trade proceedings.

Practice head(s):

Christoph Baus

Key clients

Ukraine

Republic of Croatia

Strabag SE

Kingdom of Saudi Arabia

Work highlights

  • Ukraine: Representation in arbitration proceedings before the Stockholm Chamber of Commerce against Littop Enterprises Ltd. and other actors under the Energy Charter Treaty.
  • Republic of Croatia: Representation in arbitration proceedings initiated by Elitech BV and Razvoj Golf DOO under the bilateral investment agreement between Croatia and the Netherlands.
  • Strabag SE: Representation in the first ICSID arbitration against Libya.

Luther Rechtsanwaltsgesellschaft mbH

The arbitration practice at Luther Rechtsanwaltsgesellschaft mbH is an established address for national and international energy firms, which are represented in proceedings with regard to issues such as gas price adjustment, post-M&A and plant engineering. Another focus is investment arbitration; here practice head Richard Happ has particularly longstanding experience. Stephan BauschKarl von Hase and senior associate Georg Scherpf are also key figures of the team.

Practice head(s):

Richard Happ

Key clients

Vattenfall GmbH

E.ON SE

Work highlights

  • Vattenfall AB, Vattenfall GmbH, Vattenfall Nuclear Energy GmbH: Representation in the ICSID arbitration proceedings against the Federal Republic of Germany on the nuclear phase-out.
  • E.ON SE: Representation in the ICSID arbitration proceedings against the Kingdom of Spain due to serious, fundamental changes in the remuneration regime for renewable energies in Spain.

Noerr

Noerr's dispute resolution team has bench strength and handles arbitration proceedings abiding by different regulations. The team is predominantly active for German companies from various sectors in national and cross-border mandates, not least due to the international orientation of practice co-head Anke Meier, who is admitted as lawyer in Germany as well as New York. Mareike von Levetzow and Michael Molitoris are other points of contact for the team, which welcomed counsel Barbara Maucher in May 2020 from the Washington office of Baker & Hostetler LLP.

Practice head(s):

Anke Meier; Oliver Sieg

Key clients

Bundesrepublik Deutschland

Magna Management AG

autoTicket GmbH

Deutsche Bank AG

Berthold Brinkmann als Insolvenzverwalter

AUDI AG

Torqeedo GmbH

TÜV SÜD AG – Engineering Company

Bundesverband der Deutschen Volks- und Raiffeisenbanken e.V. (BVR)

PACCAR Inc. / DAF Trucks NV / DAF Trucks Deutschland GmbH

Work highlights

  • Federal Republic of Germany: Representation in an ICSID arbitration against Austrian investors.
  • autoTicket GmbH, project company of an international bidding consortium, consisting of Kapsch TrafficCom and CTS EVENTIM: Drafting an arbitration claim for the project company against the Federal Republic of Germany after the Federal Republic of Germany terminated the contract on the collection of the German car toll, as well as carrying out a company valuation and key date auditing procedure according to IDW designation.

Orrick, Herrington & Sutcliffe LLP

The team at Orrick, Herrington & Sutcliffe LLP impresses with expertise in contentious post-M&A, energy, plant engineering, infrastructure and insolvency-related matters. The group represents large companies from various sectors as well as states. With more than 30 years of experience, practice head Siegfried Elsing is known as an expert in the field; he acts as arbitrator as well as party representative. Karsten Faulhaber and Nicholas Kessler are two more key figures who also act as arbitrators.

Practice head(s):

Siegfried Elsing

Other key lawyers:

Karsten Faulhaber; Nicholas Kessler

Key clients

Federal Republic of Germany

KAO (Kraftanlagen ARGE Olkiluoto 3)

Republic of North Macedonia

Dr. Andreas Ringstmeier (insolvency administrator of AgfaPhoto)

STEAG

Work highlights

  • Federal Republic of Germany: Advice and representation in arbitration proceedings regarding claims of allegedly €560m in connection with the car toll.
  • Dr. Andreas Ringstmeier (insolvency administrator AgfaPhoto): Obtaining the annulment of an ICC arbitration award in connection with the insolvency of AgfaPhoto GmbH by the OLG Frankfurt for its insolvency administrator.
  • KAO (Kraftanlagen ARGE Olkiluoto 3): Obtaining the annulment of an ICC arbitration award in connection with the construction of a nuclear power plant in Finland by the BGH for KAO Kraftanlagen ARGE Olkiluoto 3.

Allen & Overy LLP

After several departures, Allen & Overy LLP has expanded its team in February 2020 with Anna Masser, formerly at Jones Day. Under her leadership, the team handles arbitration proceedings with regard to trade, M&A and insurance law, which often involve multiple jurisdictions, and the group also has strong expertise in the representation of energy firms. Jan Erik Windthorst and counsel Alice Broichmann are particularly experienced in representing parties in post-M&A disputes.

Practice head(s):

Anna Masser

Key clients

Roblon

Work highlights

  • Roblon: Representation in an ICC arbitration regarding outstanding payments under a framework agreement.

Borris Hennecke Kneisel

Dispute resolution boutique Borris Hennecke Kneisel in Cologne has a track record for its know-how in alternative dispute resolution, court and arbitration proceedings and frequently represents parties in contentious matters pertaining to the energy, technology and trade sectors. Christian BorrisRudolf Hennecke and Sebastian Kneisel are established arbitrators, who are regularly appointed in a multitude of proceedings.

Cleary Gottlieb Steen & Hamilton

The team at Cleary Gottlieb Steen & Hamilton is a popular choice for large international corporations and states with regard to court and arbitration proceedings. The group is experienced in numerous legal departments, including antitrust, energy, capital markets and construction law and frequently cooperates with its international network. Admitted as a lawyer in New York and Paris, Richard Kreindler has longstanding expertise as arbitrator and party representative, whereas Wolfgang Deselaers practises law in Germany as well as Brussels. Counsel Rüdiger Harms' experience in matters pertaining to the automotive and consumer goods industry is noteworthy. Thomas Kopp left the law firm in October 2019.

Key clients

Agfa Gevaert Group

Argentinien

Beiersdorf

Generali

GoodMills

Griechenland

Kia Motors Corporation

Masco

Nestlé

NSK

Work highlights

  • Agfa-Gevaert: Representation in more than ten parallel ICC arbitration proceedings under German law with claims for damages of over €1bn in connection with the sale of the company’s former film and photo division.
  • Generali Insurance: Representing the defence in a SCAI arbitration in connection with Banco BTG Pactual against Generali and a second party in the assertion of damages from alleged breaches of contract by the client during the sale of BSI to BTG Pactual.

Herbert Smith Freehills LLP

The team at Herbert Smith Freehills LLP frequently cooperates with its European and American offices and has a focus on investment arbitration, often with a reference to energy, human rights or climate change matters; these sectors are also the main focus of established practice head Patricia Nacimiento. Thomas Weimann is well versed in infrastructure and plant construction disputes and Mathias Wittinghofer predominantly handles contentious matters with regard to post-M&A as well as capital markets. 

Practice head(s):

Patricia Nacimiento

Key clients

Iveco

Republic of Kazakhstan, Ministry of Justice

BTA Bank AO

Hitachi Ltd

DEAG AG

Kantenwein Zimmermann Spatscheck & Partner

Kantenwein Zimmermann Spatscheck & Partner is particularly visible in arbitration with regard to energy as well as post-M&A disputes, where the team acts as both arbitrator and party representative. Annett Kuhli, who is well known in the market, frequently represents companies from the automotive and communications sector. The practice is headed by Alexander Kröck; Nico Köppel was promoted to partner at the beginning of 2020.

Practice head(s):

Alexander Kröck

Other key lawyers:

Annett Kuhli; Nico Köppel

Work highlights

  • Shareholder: Representation in four parallel DIS arbitration proceedings with an amount in dispute in the mid three-digit million range.
  • International litigation financier: Assessment of several investment proposals for the financing of ICSID arbitration proceedings in the three-digit million range.

King & Spalding LLP

King & Spalding LLP has particular expertise in the representation of German investors in arbitration pertaining to the retrospective reduction of feed-in tariffs under the Energy Charter Treaty.  The team also handles disputes with regard to energy law and cooperates closely with its international network on the matter. Senior associate Sebastian Müller is well integrated into the team. Experienced Jan Schäfer regularly acts as arbitrator and heads the group.

Practice head(s):

Jan Schäfer

Other key lawyers:

Sebastian Müller

Key clients

Doosan

DCM Energy GmbH & Co. Solar 1 KG

ESPF Beteiligungs GmbH, ESPF Nr. 2 Austria Beteiligungs GmbH and InfraClass Energie 5 GmbH & Co. KG

Matthias Kruck et al

KS Invest GmbH and TLS Invest GmbH

Work highlights

  • Doosan ./. DIPCO and KGLPI: Representation in ICC proceedings against DIPCO and KGLPI on payment claims from the delivery of equipment for container ports and defence against drawing a bank guarantee.
  • Matthias Kruck et al. ./. Spanien (ICSID Case No. ARB/15/23): Representation in ICSID proceedings for violation of the Energy Charter Treaty by Spain due to retroactive reduction of guaranteed feed-in tariffs for renewable energies.
  • DCM Energy GmbH & Co. Solar 1 KG et al ./. Spain (ICSID Case ARB / 17/41): Representation in ICSID proceedings for violation of the Energy Charter Treaty by Spain due to retroactive reduction of guaranteed feed-in tariffs for renewable energies.

Morgan, Lewis & Bockius LLP

Morgan, Lewis & Bockius LLP gained ground in the arbitration market with the addition of well-established Sabine Konrad, who joined the firm in September 2019 from McDermott Will & Emery Rechtsanwälte Steuerberater LLP. Under her leadership, the team predominantly represents investors and states in investment arbitration proceedings as well as cross-border trade disputes.

Practice head(s):

Sabine Konrad

Other key lawyers:

Maximilian Pika

Key clients

Federal Republic of Germany

Landesbank Baden-Württemberg, Hamburg Commercial Bank AG (ehem. HSH Nordbank AG), Landesbank Hessen-Thüringen Gironzentrale, Norddeutsche Landesbank-Girozentrale

Hamburg Commercial Bank AG

VM Solar Jerez GmbH, M Solar Verwaltungs GmbH, Solarizz Holding Verwaltungs-GmbH, M Solar GmbH & Co. KG, Solarizz Holding GmbH & Co. KG, Dr. Helmut Vorndran

IuteCredit Europe

Work highlights

  • Federal Republic of Germany: Defence in an ICSID lawsuit by the Swedish group Vattenfall AB in relation to Germany’s nuclear phase-out.
  • Landesbank Baden-Württemberg, Hamburg Commercial Bank AG (formerly HSH Nordbank AG), Landesbank Hessen-Thüringen Gironzentrale, Norddeutsche Landesbank-Girozentrale: Representation in an ICSID arbitration against Spain due to its reform of the framework conditions for the energy industry, especially for renewable energies.
  • Hamburg Commercial Bank AG: Representation in an ICSID arbitration against Italy regarding its investment in a renewable energy plant.

WACH UND MECKES und Partner Rechtsanwälte PartGmbB

Independent dispute resolution boutique Wach + Meckes LLP in Munich has experience in corporate, trade and energy law disputes and represents national and international companies in arbitration proceedings governed by a multitude of regulations. Frank Meckes, Tom Petsch and Karl Wach have profound expertise in post-M&A disputes and act as both party representatives as well as arbitrators.

Practice head(s):

Franz Meckes; Karl Wach; Tom Petsch

Dentons

Dentons‘ arbitration practice handles matters pertaining to engineering and plant construction as well as post-M&A diputes, where the team cooperates closely with its international network and is particulary well prepared for cross-border mandates. The dispute resolution practice is under the joint leadership of Heiko Heppner, who has particular experience in disputes with reference to China, and Thomas Nebel, who joined from Herbert Smith Freehills LLP at the beginning of 2020. Counsel Courtney Lotfi focuses on international energy law and counsel Matthias Hadding joined the group in October 2019 from Clifford Chance. Former team manager for international arbitration Amy Kläsener left for Jones Day in March 2021.

Practice head(s):

Heiko Heppner; Thomas Nebel

Other key lawyers:

Courtney Lofti; Matthias Hadding

Key clients

Silver Ridge Power

ENGIE Electrabel

Starrag AG

Work highlights

  • Medical technology manufacturer: Representation in arbitration proceedings regarding the assertion of claims against various former commercial agents in several African countries and in the Middle East.
  • International consortium of companies in the oil and gas industry: Representation in an ICC arbitration against Polskie LNG, a state-owned company, in connection with the construction of the first Polish LNG regasification terminal.
  • Silver Ridge Power: Representation in an ICSID arbitration against Italy in which claims under the Energy Charter Treaty were asserted due to retroactive cuts in solar subsidies.

Haver & Mailänder Rechtsanwälte Partnerschaft mbB

Commercial law firm Haver & Mailänder Rechtsanwälte Partnerschaft mbB is oriented towards medium-sized companies. With regard to litigation, the team focuses on post-M&A disputes as well as litigation in the automotive sector. The key figures are Gert Brandner, of counsel Klaus Gerstenmaier and Hans-Georg Kauffeld, who all act as arbitrators as well as party representatives.

Practice head(s):

Gert Brandner

McDermott Will & Emery Rechtsanwälte Steuerberater LLP

The team at McDermott Will & Emery Rechtsanwälte Steuerberater LLP stands out due to experience in arbitration proceedings related to international investment protection treaties. Headed by Arne Fuchs, the team is also active as both arbitrator and party representative in national and international trade disputes. Boris Uphoff is experienced in violations of patent, trade mark and competition law and co-heads the practice with Thomas Hauss and Fuchs.

Other key lawyers:

Pauline Walde

Key clients

Osteuropäischer Staat

Vorsitzender des Schiedsgerichts in einem ICC-Schiedsverfahren

Internationaler Anbieter von Gesundheits- und Diagnostikdienstleistungen

Kroatisches Landwirtschaftsunternehmen

Globales Softwareentwicklungsunternehmen

Federal Republic of Germany

Einzelschiedsrichter in einem DIS-Schiedsverfahren

Work highlights

  • Eastern European state: Representation in investment arbitration under UNCITRAL arbitration rules (1976) with an amount in dispute of approximately $1.5bn.
  • ICC arbitration: Chairman arbitrator in an international arbitration between two global players in the automotive industry and according to ICC rules.
  • International provider of diagnostic services: Representation in a complex post-M&A dispute in the health sector under the DIS Arbitration Rules.

Pinsent Masons Germany LLP

Pinsent Masons Germany LLP's team has notably improved its market position and mainly represents German and European clients in arbitration proceedings with regard to the construction and plant engineering, information and production technology sectors as well as energy and life sciences. Practice head Sibylle Schumacher has profound expertise in automotive arbitration and acts as arbitrator as well as party representative. Team member Martin Eimer is experienced in alternative dispute resolution and senior associate Alexander Shchavelev is focused on disputes with reference to Russia and CIS states.

Practice head(s):

Sibylle Schumacher

Other key lawyers:

Martin Eimer; Alexander Shchavelev

Taylor Wessing

Taylor Wessing focuses on corporate and commercial litigation representing national and international companies from different sectors; here the team regularly cooperates with its international network. Most recently, the group noted an increase in arbitration proceedings with regard to large-scale energy projects. Alternative dispute resolution expert Carsten Müller and Donata von Enzberg, who is focused on civil law litigation, are the key contacts. Philipp Behrendt is practice head.

Practice head(s):

Philipp Behrendt

Other key lawyers:

Carsten Müller; Donata von Enzberg

Key clients

Chubb Insurance

Easyjet

Fujitsu

Grünenthal

Melitta

Volkswagen