Baker McKenzie is a renowned address in the arbitration sphere and impresses with a 'very experienced, broad team of impressive expertise', whose focus lies primarily on the pharmaceutical, infrastructure, construction and plant engineering sectors. The group is active in post-M&A disputes and, in particular, arbitration proceedings relating to Asia. Günter Pickrahn is an experienced arbitrator who frequently assists with post-M&A matters; he jointly heads the team with Heiko Haller, who focuses on matters pertaining to power plant construction and offshore wind farms. Jörg Risse has expertise in alternative dispute resolution and Ragnar Harbst focuses on the railway industry, among others. Senior associate Markus Altenkirch stands out for his experience in license and sales contract disputes.
Arbitration (including international arbitration) in Germany
Baker McKenzie
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Testimonials
‘Very strong team, works along clear tasks and responsibilities division; seamless client management; accessible; fast response times; constructive and strategic process management; have delivered strong results in a complex and demanding international arbitration case.’
‘Jörg Risse is a very strong and experienced lead counsel and is treated with respect by the tribunal and the opposition.’
‘Heiko Haller works very well with Jörg Risse. They complement each other.’
‘Very experienced, broad team with impressive (also technical) expertise in many areas. They know what they are doing and give very precise advice accordingly.’
‘Dr. Günter Pickrahn: Good strategist, very experienced, great expertise not only in legal but also in commercial and technical issues.’
CMS
CMS offers a wide range of advice on contentious issues relating to corporate, commercial, energy, transport and data protection law. International corporations, blue-chip and medium-sized companies frequently seek advice on conflicts relating to post-M&A, international trade, infrastructure and plant construction. Due to the firm's network, the team is also well equipped for cross-border instructions, especially those relating to Asia. Here, practice co-head Nicolas Wiegand, who divides his time between Germany and Hong Kong and is experienced in investment arbitration, is a key contact. Also well versed in Asia-related matters is Tom Christopher Pröstler, who made partner in January 2021 and frequently advises on technical aspects of arbitration proceedings. In addition to arbitration, Tilman Niedermaier is experienced in procedural and contract law issues. Practice co-head Thomas Lennarz regularly handles legal tech matters and issues related to climate change, and Klaus Sachs contributes corporate expertise. Other team members include Matthias Schlingmann and Andreas Roquette, who are both experienced in contentious construction projects.
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Other key lawyers:
Torsten Lörcher; Matthias Schlingmann; Andreas Roquette; Klaus Sachs; Claus Thiery; Armin Dürrschmidt; Tom Christopher Pröstler; Tilman Niedermaier
Testimonials
‘They have in-depth specialist knowledge, solid entrepreneurial thinking and are extremely efficient and methodical in their work.’
‘Dr. Tilman Niedermaier combines specialist knowledge and strategic thinking in a unique way. He is also very patient, considerate and willing to get to know the client. He remains calm and composed in crisis situations.’
‘The team around Prof. Dr. Sachs is characterized by a high level of seniority. The interaction of team members and thus the integration of their respective areas of focus in different areas of law is above average. The teamwork both within the law firm and the cooperation and communication with the client is ideally implemented. Each skill level can contribute optimally to the result of the consultation, which means that the overall result is the best possible.’
‘Prof Dr Klaus Sachs: outstanding judgment, extremely confident in team leadership, client contact and in hearings, which makes a show unncessary.’
‘ Dr Armin Dürrschmidt: his analytical skills, challenge and involvement of the team with constant focus on strategy and goals are certainly outstanding.‘
‘ Dr Tilman Niedermaier: extremely sharp expertise, very pragmatic, calm and unexcited. Considers all hurdles at top speed.’
‘Dr Tom Pröstler: Above-average technical expertise, assertive.’
‘Through consistent cooperation between teams at various firm locations in Germany and in other European countries, it is possible to reliably and efficiently exchange and apply information evenly, and thus to achieve an even approach and settlement of similar claims from the opposite parties.’
Key clients
CTS Eventim
Kapsch TrafficCom
STRABAG
Hochtief
E.ON
Vodafone
Work highlights
- Representing an international biopharmaceutical company in connection with a complex and high-volume dispute with its licensing partner.
- Representing a telecommunications company in a remuneration dispute against a competitor in several fast-track arbitrations under DIS arbitration rules.
- Representation of the project company founded to set up and operate the German car toll and its two shareholders in DIS arbitration proceedings.
Busse Disputes
‘Extremely powerful and dynamic‘, young arbitration boutique Busse Disputes is gaining a foothold in the market and is increasingly attracting instructions by industrial companies, PE houses and companies from the energy and telecommunications sectors. Arbitration matters often involve joint venture, post-M&A and contractual disputes, while recent instructions also related to the pandemic among other matters. Daniel Busse acts both as arbitrator and party representative and leads the team. Energy expert Silke Justen is experienced in joint venture disputes and Mia Ramb focuses on plant construction issues in addition to the energy sector. Other important team members include counsel Sven Lange, whose expertise lies in international investment protection law, and counsel Sibylle Herberg, who frequently applies her know-how in post-M&A disputes.
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Testimonials
‘Busse Disputes is the go-to firm for arbitration in Germany for us. Extremely powerful and dynamic.’
‘Daniel Busse has strong advocacy skills and impresses with his personality and stamina when negotiating.’
‘Sven Lange and Sibylle Herberg are excellent litigators. Meticulous and extremely well prepared. ‘
‘An extreme concentration of market-leading arbitration practitioners in a (relatively) small entity.’
‘Daniel Busse: rightly one of the strongest arbitrators in Germany; Highly competent, goal-oriented, binding.’
‘ Sven Lange: The go-to-guy for complex investment arbitrations. Extremely clever, quick to react and strong-minded, always delivers bespoke work results on time, even under great time pressure.’
‘Very motivated and committed team; extensive experience and expertise in the field of international arbitration; advice that adds value, especially in difficult/unclear situations; ability to quickly acquaint themselves with complex new topics.’
‘Mia Ramb: very committed, quick learner, delves deeply into complex topics.’
Key clients
Privinvest Holding SAL und andere Gesellschaften der Unternehmensgruppe
Privinvest Shipbuilding Investments LLC und andere Gesellschaften der Unternehmensgruppe
Work highlights
- Representing two international investors in an ICSID arbitration against Greece.
- Representing four companies from three different jurisdictions in an ICC arbitration regarding the purchase of a shipyard.
- Representing Privinvest Shipbuilding Investments LLC and other companies in several parallel ICC and SCAI arbitrations based in Switzerland regarding claims against the State of Mozambique arising from several (subject to Swiss law) contracts for the delivery of ships and related services.
Clifford Chance
Clifford Chance has strong expertise in the areas of post-M&A, energy and construction as well as investor-state arbitration and regularly advises financial services providers, pharmaceutical, energy and construction companies in national and international proceedings. In cross-border matters, the group frequently cooperates with other offices across the firm. Practice head Michael Kremer is well versed in international arbitration and ADR, while Moritz Keller's expertise includes investment arbitration and post-M&A disputes. Tim Schreiber is increasingly active as an arbitrator and Sebastian Rakob has extensive experience in civil and arbitration proceedings.
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Testimonials
‘Having some experience with external counsels, I must stress that working with Clifford Chance has been arguably the most positive to date. Aside from their strong expertise and experience in investor-state arbitration, settlement negotiations and dispute resolution (which other firms also offer), I was impressed by their willingness to listen to clients’ needs, opinions and related circumstances. They are used to working in an international environment, they accept different opinions and are willing to discuss details.’
‘We mainly worked with Moritz Keller as a team leader. He is very flexible, willing to respond to different opinions of his team or the client’s perspective and change the initial strategy if necessary. As there are different legal, political, social and cultural traditions on the international stage, it is very important that an external counsel considers these factors, which Mr. Keller successfully achieved.’
‘Handshake quality; short and concise information; no legal lectures, but knowledge brought to the point.’
‘Very good commercial understanding; industry knowledge; pleasant way of working together.’
‘Clifford Chance’s advisory team has been with us for a long time and this is a great advantage for case management. All team members have the best professional training. They also have a basic understanding of our company and the way we work.’
Gleiss Lutz
Gleiss Lutz' 'very professional' team primarily advises on commercial disputes related to joint ventures and post-M&A, while the team particularly focuses on attracting more instructions in the plant construction arena. The team also assists with investment arbitration proceedings; Stephan Wilske is particularly active here. Clients often stem from the energy, healthcare, real estate and chemical sectors and frequently receive cross-practice advice at the interface to public and antitrust law. Andrea Leufgen and practice head Stefan Rützel focus on post-M&A and cartel damages, while David Quinke specialises in arbitration proceedings relating to energy law.
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Andrea Leufgen; Stephan Wilske; David Quinke; Tobias Boecken; Claudia Krapfl
Testimonials
‘Very professional, client-oriented and with an academic focus.’
‘Dr. Stefan Rützel is very well prepared, quick and pragmatic.’
‘ dr Stephan Wilske is very broad-based, well-prepared and interested in academics.’
Work highlights
- Strategic advice and legal representation of Daimler AG in defending against customer lawsuits in connection with the diesel issue.
- Legal representation of an international financial service provider in defending against compensation claims related to cum-ex transactions.
- Advising the insolvency administrator of Wirecard AG on the internal processing of the allegations and the enforcement of claims under civil law.
Hengeler Mueller
Post-M&A arbitration and price review proceedings are part of Hengeler Mueller's broad case load. Here, the team works closely with the firm's corporate, antitrust and insolvency as well as transactional specialists, while also cooperating with other firms in cross-jurisdictional matters. In addition to their counsel activities, the team's partners also all act as sole arbitrators. Key contacts include Carsten van de Sande, Henning Bälz, Markus Meier, Viola Sailer-Coceani, Maximilian Bülau and Philipp Hanfland, who all assist comprehensively with dispute resolution matters.
Other key lawyers:
Carsten van de Sande; Henning Bälz; Markus Meier; Viola Sailer-Coceani; Maximilian Bülau; Philipp Hanfland
Hogan Lovells International LLP
Hogan Lovells International LLP boasts a large and diverse team that has 'excellent international arbitration experience'. The group's traditional industry focus includes the automotive, life sciences and energy sectors. Practice head Karl Pörnbacher has in-depth knowledge of controversial plant construction and infrastructure projects and counts aerospace and defense specialist Inken Knief among his team. Other key contacts include counsel Thomas Pieper, who is increasingly active in ad-hoc arbitration proceedings, and counsel Philipp Duncker, who focuses on the energy and automotive sectors.
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Testimonials
‘One of the leading arbitration practices in Germany.’
‘The key figure certainly is Karl Pörnbacher, both as party counsel and as arbitrator. One of the leading figures in the team who doesn’t feel the need to boast.’
‘Hogan Lovells has excellent international arbitration experience. Based on many years of experience, the collection of necessary documents and data on the dispute, the assessment of the chances of success of potential arbitration proceedings, the information of the management and in particular the formal steps necessary to initiate and start the arbitration proceedings were implemented efficiently and purposefully. The submissions prepared and submitted for the arbitration were excellent.’
‘Mr. Karl Pörnbacher and Mr. Thomas Pieper have broad and long-term experience in international arbitration, including the selection of suitable arbitrators. You and your team are able to familiarize yourself professionally, quickly and precisely with the dispute, which consists of a flood of facts, and to focus on the essential and decisive aspects. They are always approachable and always open to questions and suggestions.’
‘The Hogan Lovells team always thoroughly studies all the important facts of the case and provides advice based purely on a thorough analysis of the relevant facts and legal circumstances. The team discusses all matters together and is very motivated to protect the interests of the client. The client is informed of every step and the team always answers the client’s questions.’
‘The working attitude of the Hogan Lovell team is not always focused on the specific case, but also on the client and his wishes. The client is always informed in detail about progress and offered bespoke solutions.’
Work highlights
- Representing JSC Georgian Oil and Gas Corporation and LEPL State Agency of Oil and Gas in a breach of contract dispute in commercial arbitration.
Linklaters
Working closely with the firm's strong corporate and banking teams, Linklaters' dispute resolution practice is frequently instructed to assist with contentious post-M&A, financing and capital markets issues, with the team being particularly active in the automotive and energy industries. Due to its international positioning, contentious matters can also be handled across various locations. Practice head Alexandros Chatzinerantzis focuses on energy and commercial disputes and Rupert Bellinghausen frequently acts in infrastructure-related arbitrations; both lawyers are also acting as sole arbitrators. Kirstin Schwedt often advises on investment arbitration proceedings.
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Testimonials
‘Alexandros Chatzinerantzis is a brilliant litigator; highly intelligent, ingenious briefs, tactically clever and very experienced.’
‘Dr. Rupert Bellinghausen is an experienced partner who maintains first-class communication with his clients and coordinates an excellent team in an exemplary manner.’
‘Julia Grothaus is a committed young partner who efficiently and effectively manages even complex mandates.’
‘The Linklaters team handles issues with great efficiency and a commendable level of thoroughness. The advice is extremely professional, friendly and to the point. The expertise and special knowledge in certain areas as well as the will to familiarize oneself with complex technical topics is also worth mentioning.’
‘Dr. Rupert Bellinghausen: Great calmness and good overview; never loses the thread; good negotiation skills.’
‘Excellent team organization; Ratio of partner/associate activities balanced and well-established.’
‘Alexandros Chatzinerantzis: Legally brilliant, wide range of appearances in court, clear positioning towards the court even in difficult procedural situations; collegial in dealings, but hard on the matter!’
White & Case LLP
White & Case LLP fields an ‘extremely strong dispute resolution team for both state and arbitration disputes’. Clients from the technology, automotive, oil and gas, electricity, construction and chemical sectors are primarily assisted in disputes pertaining to post-M&A, commercial and supply contract law and liability issues. The team is led by arbitration expert Markus Burianski and regularly cooperates with its international offices on cross-border matters. Other key figures include technology specialist Christian Theissen, the contract law-savvy Alexander Lang and Alexandra Diehl, who is experienced in investment arbitrations and made partner in January 2022.
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Testimonials
‘Dynamic, to the point, precise, forward-thinking, flexible.’
‘Dr. Alexandra Diehl: Very to the point, very organized, forward-thinking, flexible, committed, pragmatic.’
‘Dr. Burianski: Proactive, imaginative, highly professional and very concise questioning in oral negotiations.’
‘The team is efficient and able to provide clear, pragmatic and practical advice. This allows stakeholders to make crystal-clear decisions. Clear advice is of paramount importance, which is often forgotten – but that doesn’t happen at White & Case.’
‘Christian Theissen’s ability to guide us through a complex and highly contentious matter in an understandable manner was of the utmost importance and is greatly appreciated.’
‘White & Case has a very strong dispute resolution team for both state and arbitration disputes. Here the German team cooperates well with its international teams. Outstanding expertise and result-oriented advice characterize the team in particular.’
‘Markus Burianski: Very experienced, well connected, thinks economically.’
‘Alexandra Diehl: Very dedicated; has good contacts within the arbitration scene; creative and flexible thinking.’
Key clients
Daimler AG
Kraton Corporation
Samsung Electronics GmbH
Angelique International Limited
Grupo Unidos por el Canal, S.A. (GUPC)
Allianz RE
Work highlights
- Representing an international chemical company in UNCITRAL arbitration proceedings against another international chemical company.
- Advising and representing a Russian real estate development company in several disputes with former partners regarding damages and other claims in connection with three large real estate projects.
- Representing Salini Impregilo SpA, Jan De Nul NV and Grupo Unidos por el Canal, SA (Panama Canal) in several arbitrations relating to the expansion of the Panama Canal.
Allen & Overy LLP
Allen & Overy LLP's arbitration practice provides a wide range of advice and has experience in contentious post-M&A, commercial and insurance law issues, which the team also assists with on international level. Practice head Anna Masser applies her energy law expertise particularly often in price adjustment proceedings in the gas market, counsel Alice Broichmann is well versed in post-M&A proceedings and also acts as party-appointed and sole arbitrator, while Jan Erik Windthorst focuses on banking and financial disputes.
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Work highlights
- Advising a German insurance company in a DIS arbitration against an insurance company regarding a breakup fee after the failed sale of a reinsurance portfolio.
- Advising and representing Uniper SE in proceedings against the Netherlands. The subject of the pending proceedings before the Cologne Higher Regional Court is the admissibility of an investment arbitration initiated by Uniper SE under the ICSID Convention.
DLA Piper
German and international companies from the automotive, aviation, IT, healthcare and finance sectors instruct DLA Piper's dispute resolution practice to assist with energy, insurance, corporate and commercial issues. Most recently, the group's cooperation with the tax and restructuring experts was particularly prominent. Key contacts include Daniel Sharma, who often advises on matters relating to India, class action specialist Thomas Gädtke, automotive expert Wolfgang Jäger as well as Frank Roth, who provides advice on contentious infrastructure and IT issues.
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Testimonials
‘DLA Piper was able to provide us with ‘seamless’ corporate law and arbitration advice. We felt very understood in relation to our business model and the related thought process, which in turn was the basis of the contract in these arbitration proceedings. The DLA Piper team’s proactive approach and constant availability have been outstanding.’
‘We would engage Wolfgang Jäger again at any time in a commercial context for German litigation/arbitration and would recommend him as a client-oriented lawyer.’
Work highlights
- Representing a global US-based group of companies in an ICC arbitration regarding contractual disputes in connection with damages claims brought by the other party regarding a large construction project.
- Cross-border advice to a leading international plant construction company on claims for an extension of the construction period and additional costs as part of a major plant construction project with a contract value of over €1bn that was affected by the pandemic.
- Advising an international manufacturer of printing machines on damages claims as a result of a failed company sale.
HANEFELD
Boutique offering HANEFELD is based in Hamburg and focuses on international arbitration proceedings and proceedings before state courts, whereby instructions often entail corporate and technical aspects. Name partner Inka Hanefeld is a well-known arbitrator and has longstanding experience in assisting with investor-state proceedings. Jan Heiner Nedden, Jörn Hombeck and Nils Schmidt-Ahrendts have expertise in energy law proceedings and are other key figures in the team, which has recently been strengthened at associate level.
Other key lawyers:
Inka Hanefeld; Jan Heiner Nedden; Nils Schmidt-Ahrendts; Jörn Hombeck
Heuking Kühn Lüer Wojtek
Heuking Kühn Lüer Wojtek advises banks, insurers and companies from the food, energy and logistics sectors and is experienced in assisting with negotiations based on DIS and ICC rules, among others. Proceedings mainly pertain to post-M&A conflicts, damages claims and shareholder disputes. Most recently, the dispute resolution practice was reorganized, resulting in Elke Umbeck, who frequently advises on energy law issues, and Daniel Froesch, who is well versed in corporate and criminal law, taking on the arbitration group’s joint leadership in 2021.
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Testimonials
‘A stable team that is always available at extremely short notice and deployed economically. Third-party expertise from other Heuking colleagues who are not working directly on the case will be consulted appropriately and directly if necessary.’
‘Extremely high commitment and availability. Focused immersing into the matter down to the last detail. Willingness to compromise, which is extremely relevant for simultaneous business transactions and existing contracts with the opponent.’
‘We were able to work with Mr. Froesch. He was a highly competent contact with whom we negotiated what we felt was a very good settlement.’
Work highlights
- Representation of SLP Schwäbische LAndprodukte GmbH in arbitration proceedings against a Romanian supplier (organic spelled) regarding the uniformity conditions of the German grain trade.
Latham & Watkins LLP
Latham & Watkins LLP's dispute resolution practice is an experienced player in cross-border and cross-practice disputes, with the team increasingly advising on corporate and post-M&A issues and placing a further focus on client representation in investment arbitration proceedings. Sebastian Seelmann-Eggebert is a key contact for the latter area while practice head Christoph Baus is particularly well versed in commercial proceedings. Other key contacts include Anne Löhner and Alena McCorkle, both of whom are experienced in cross-border proceedings. Senior associate and arbitration expert Felix Dörfelt joined Addleshaw Goddard as a partner at the end of 2020.
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Testimonials
‘Sebastian Seelmann-Eggebert is world-class in international arbitration, particularly in relation to management and client relations.’
‘Sebastian Seelmann-Eggebert in particular is a very experienced and well-versed lawyer who has mastered all the nuances of oral proceedings. The German team works seamlessly with their colleagues from London in this area, which significantly increases their clout. The team with Sebastian Seelmann-Eggebert and Christoph Baus is also top-class in the area of commercial arbitration. The two of them have been extremely successful in attracting and retaining young talent over the years. The team is always diverse.’
‘Sebastian Seelmann-Eggebert writes excellently; very precise and analytical approach, which he skilfully combines with strategic thinking.’
‘ Alena McCorkle: Up-and-coming; very committed and precise. ‘
‘Great team spirit; Associates also have real responsibility on mandates.’
‘Dr. Christoph Baus, head of the German litigation practice, is an outstanding litigator and strategist. His sovereign mastery of the matter and his organizational skills in mass proceedings are almost legendary.’
‘Dr. Alena McCorkle is extremely technically skilled; sovereign mastery of matters; internationally widely connected within the firm and perfect for cross-border disputes.’
‘Sebastian Seelmann-Eggebert is at home in international arbitration proceedings like no other German lawyer and on the same level as his colleagues from London or Paris.’
Key clients
Ukraine
Republik Kroatien
Strabag SE
Königreich Saudi-Arabien
Work highlights
- Successful defense of Ukraine in arbitration proceedings before the Stockholm Chamber of Commerce (SCC) in connection with the Energy Charter Treaty (ECT).
- Representing Ukraine in an investment arbitration against claims by a Dutch investment vehicle related to the Ukrainian aviation industry.
- Representing Croatia in two parallel arbitrations initiated by Elitech BV and Razvoj Golf DOO and their Israeli shareholders, respectively, under the bilateral investment agreements between Croatia and the Netherlands and between Croatia and Israel.
Luther Rechtsanwaltsgesellschaft mbH
Luther Rechtsanwaltsgesellschaft mbH‘s dispute resolution team is a popular address for energy corporations and companies. Contentious energy law issues often stem from gas storage and supply contracts, the sale of gas networks, compensation claims and power plant construction as well as investments made in various renewable energies. The group further acts in post-M&A and commercial law proceedings as well as investment arbitration proceedings with state participation. Practice head Richard Happ is frequently appointed as party representative and arbitrator in post-M&A proceedings and has extensive experience in investment law. Other important team members include Stephan Bausch and Borbála Dux-Wenzel, both of whom are experienced in mass proceedings. Commercial and corporate law expert Karl von Hase joined PLUTA Rechtsanwalts GmbH in January 2022, while Georg Scherpf left to head the arbitration practice at Clyde & Co LLP in February 2021.
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Testimonials
‘Experienced, available, very approachable, goal and result-oriented.’
‘Recommended in investor-state arbitration.’
‘Dr. Richard Happ: Experienced partner; careful research; dedicated fighter.’
Key clients
Vattenfall GmbH
E.ON SE
RWE AG
Work highlights
- Representing RWE AG in arbitration proceedings against the Kingdom of the Netherlands for damages due to the early closure of the Eemshaven coal-fired power plant as a result of the Dutch coal phase-out.
- Representing E.On SE in investment protection proceedings before the World Bank Arbitration Court against the Kingdom of Spain due to fundamental changes in the tariff regime for renewable energies in Spain.
- Representing Vattenfall AB, Vattenfall GmbH and Vattenfall Europe Nuclear Energyim in ICSID arbitration against the Federal Republic of Germany regarding the nuclear phase-out.
Noerr
Noerr assists with arbitration proceedings on various contentious issues, acting as party representative and arbitrator, and also across borders as lead counsel for German law; here, the team is familiar with proceedings according to various arbitration rules as well as with ad hoc proceedings. The arbitration practice is headed by Anke Meier and focuses on German-American disputes and investment proceedings. Other key contacts include Oliver Sieg, who also acts as an arbitrator, Meike von Levetzow (focus on cross-border disputes related to civil, commercial and corporate issues as well as antitrust damages proceedings) and Jennifer Bryant, who is qualified in both Germany and the US. Product liability and product safety expert Michael Molitoris joined SZA Schilling, Zutt & Anschütz Rechtsanwaltsgesellschaft mbH in spring 2021.
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Testimonials
‘The Noerr team has an encyclopedic knowledge of trademark law and mixes it with sound judgment and practical advice.’
‘Exceptional legal knowledge and business acumen; very quick and deep understanding of the matter, including technical aspects.’
Key clients
Audi AG
Bundesrepublik Deutschland
Bundesverband der Deutschen Volks- und Raiffeisenbanken e.V. (BVR)
Cemex Deutschland AG
Condor Flugdienst GmbH
Deutsche Bank AG
Kaufland Stiftung & Co. KG
Magna Management AG
Mercedes Benz Bank
TÜV SÜD AG
Work highlights
- Advising a French reinsurer in an ad hoc arbitration against a large national insurer regarding a reinsurance claim.
Orrick, Herrington & Sutcliffe LLP
Orrick, Herrington & Sutcliffe LLP's arbitration practice focuses on matters pertaining to the energy sector, plant construction, post-M&A and investment protection and is also experienced in assisting with insolvency disputes. Siegfried Elsing acts as an arbitrator and party representative and heads a team that assists medium-sized companies, blue-chips and states with disputes. Other integral members of the group include Karsten Faulhaber, who specializes in international proceedings, and Nicholas Kessler, who increasingly appears in proceedings relating to construction and plant construction. Corporate and M&A expert Sebastian Meul made partner at the beginning of 2021.
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Key clients
Bundesrepublik Deutschland
Kraftanlagen (KAO)
MET International
Republik Nordmazedonien
STEAG
Work highlights
- Advising and representing the Federal Republic of Germany in arbitration proceedings in connection with the car toll.
- Representing the Republic of North Macedonia in a UNCITRAL investment protection arbitration against London-based investors.
- Representing Kraftanlagen Group in arbitration proceedings in connection with claims arising from the construction of a nuclear power plant in Finland after the Federal Court of Justice had successfully set aside an ICC arbitral award.
Borris Hennecke Kneisel
Cologne-based dispute resolution boutique Borris Hennecke Kneisel represents clients before state courts and arbitral tribunals and is also experienced in mediation. The team regularly assists with contentious post-M&A issues as well as with antitrust, corporate and energy-related matters. Key figures include the three name partners Christian Borris, Rudolf Hennecke and Sebastian Kneisel, who frequently act as arbitrators.
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Testimonials
‘Mr. Hennecke strikes a golden balance between precision in arbitration and the practical interests of the client.’
‘Thanks to a clear specialization, the firm has a lot of know-how in the field of dispute resolution, especially in arbitration proceedings. The three name partners are an excellent choice, especially when it comes to appointing arbitrators.’
‘As a referee, Mr Hennecke is always up to date with what is happening and has very good judgment. His calm authority makes him a natural arbitrator.’
‘Mr Borris: immense experience in arbitration. Always with a clear focus and efficient process management.’
‘Established practice with good collegial interaction. Everyone contributes their strengths and advice is focused and targeted.’
‘Sebastian Kneisel is very pleasant both professionally and personally. The calm nature and the overview of next steps mean that you always feel that you are in good hands.’
‘Rudolf Hennecke conducts his proceedings with a steady hand and always strives for balance and factual discussions in the arbitral tribunal.’
‘Christian Boris is very precise and has parties well under control.’
Cleary Gottlieb Steen & Hamilton
The arbitration experts at Cleary Gottlieb Steen & Hamilton have experience in antitrust, capital markets, infrastructure and energy law disputes as well as in transaction-related follow-up disputes. The team represents clients before arbitration and state courts and often cooperates across other practices and international locations. Key contacts include Richard Kreindler, who is adept at investment procedures, cartel damages expert Wolfgang Deselaers and Rüdiger Harms, who focuses on the automotive, technology and consumer goods sectors.
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Testimonials
‘The thoroughness with which the case was examined is something that I have not experienced with any other firm. All points of the case are studied in detail, enabling the client to finally make an informed decision on the best strategy and tactics.’
‘Richard Kreindler is a true arbitration expert. He is familiar with the matter and what is happening in the market. He ensures the team always has the upper hand in conflicts.’
Key clients
Agfa Gevaert Group
Assicurazioni Generali
BayWa
Beiersdorf
Deutsche Telekom
Republik Griechenland
Litauische Eisenbahn
Masco Corporation
Nestlé
NSK
Whiteland Import Export SRL
Herbert Smith Freehills LLP
With a strong bond to its international network, Herbert Smith Freehills LLP's team handles arbitration proceedings for clients from the manufacturing, construction and energy sectors, with instructions regularly pertaining to investment arbitration, post-M&A disputes, human rights issues and ESG issues. The group is headed by Patricia Nacimiento, who is experienced in assisting with energy law disputes and often acts in investor-state proceedings. Mathias Wittinghofer increasingly advises on post-M&A disputes, while Catrice Gayer, who made counsel in May 2021, focuses on engineering and construction law disputes. Litigation and arbitration expert Thomas Weimann joined Jones Day in March 2021.
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Testimonials
‘Great client orientation.’
‘Mathias Wittinghofer and Catrice Gayer are great.’
‘A team that can keep up with colleagues at UK locations. Very thorough, excellent specialist knowledge and practical in their consulting approach.’
‘Catrice Gayer is an excellent associate and with her perfect English she can also work with non-German speaking clients and offer the necessary support.’
Kantenwein Zimmermann Spatscheck & Partner
Kantewein Zimmermann Spatscheck & Partner is strong in arbitration proceedings relating to post-M&A and energy law disputes, where its lawyers act both as party representatives and arbitrators. Annett Kuhli-Spatscheck offers interdisciplinary competence in tax law, while automotive specialist Alexander Kröck heads the group. Nico Köppel is another key contact and has experience in the energy sector and international trade law.
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Testimonials
‘The team consists of a good mixture of young, senior and very experienced colleagues, who are not only characterized by a very high willingness to perform, but also by a very high level of expertise. Due to the size, communication is smooth and there is no need to fear any loss of efficiency.’
‘Dr. Annett Kuhli is a rarity in the German arbitration market. In addition to excellent knowledge of civil law, she has extensive expertise in tax law. In doing so, she occupies an interface that plays a role in many procedures like few others. She is assertive without being dogged, and is always friendly (whether in the arbitral tribunal or as a party representative).’
‘Dr. Annett Kuhli is an outstanding arbitration and tax lawyer who does excellent work not only as a party representative but also as an arbitrator.’
‘Alex Kröck: Very analytical, good case overview.’
‘Unique combination of expertise in arbitration law, corporate law, tax law, accounting law and auditing; while still making a pleasant and client-friendly medium-sized impression.’
‘Alexander Kröck: Very experienced arbitration expert, calm, thoughtful, very analytical.’
‘Dr. Alexander Kröck is very analytical and aggressive where necessary. ‘
‘Annett Kuhli: Outstanding arbitrator, high assertiveness and still pleasant; distinctive competence also in numerical matters.’
Work highlights
- Representing an investor in nine parallel arbitration proceedings in connection with a shareholder dispute in a technology company.
- Presiding Arbitrator in a DIS arbitration in the automotive sector.
- Presiding arbitrator in ad hoc arbitration proceedings between a German professional sports club and its venue operator.
King & Spalding LLP
Led by data protection expert and arbitrator Jan Schäfer, King & Spalding LLP's arbitration team handles investment and energy arbitrations, while specializing in advising on energy charter proceedings related to the retrospective reduction of feed-in tariffs. The group frequently represents investors, often in cooperation with offices across the firm's global network. Associate Sebastian Müller is also well versed in data protection and also acts as sole arbitrator.
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Testimonials
‘Jan Schäfer is a top arbitrator.’
‘Good team, particularly active in energy arbitration and investment disputes. Part of a very strong international arbitration practice.’
‘Jan Schäfer: Very experienced, especially in the area of investment disputes and energy law disputes.’
‘Dr. Jan Schäfer is an excellent chairman in arbitration negotiations. He stays calm even in the most difficult proceedings and does not show any signs of fatigue, even during 14-hour negotiation days. In addition, he is excellently prepared. It was a pleasure.’
‘Jan Schäfer is an outstanding, highly experienced lawyer in international arbitration. Personally very pleasant to deal with. Excellent, sensitive arbitrator.’
Key clients
Doosan
DCM Energy GmbH & Co. Solar 1 KG
ESPF Beteiligungs GmbH, ESPF Nr. 2 Austria Beteiligungs GmbH und InfraClass Energie 5 GmbH & Co. KG
KS Invest GmbH und TLS Invest GmbH
Work highlights
- Representing several investors in an ICSID proceeding regarding the violation of the Energy Charter Treaty by Spain due to retrospective reduction of guaranteed feed-in tariffs for renewable energies.
- Representing DCM Energy GmbH & Co. Solar 1 KG in ICSID proceedings regarding the violation of the Energy Charter Treaty by Spain due to retrospective reduction of guaranteed feed-in tariffs for renewable energies.
Morgan, Lewis & Bockius LLP
Led by renowned arbitration expert Sabine Konrad, the team at Morgan, Lewis & Bockius LLP increasingly handles investor-state disputes involving controversial investments and energy-related disputes. It is also active in national and international commercial disputes and in sole arbitrator matters. Another key contact is associate Maximilian Pika, who oversees international commercial and investment arbitration, among other matters.
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‘We work successfully with Sabine Konrad and Maximilian Pika in particular. The team is characterized by a high level of commitment, open communication, availability at all times and impeccable work.’
Key clients
Bundesrepublik Deutschland
Tschechische Republik
Landesbank Baden-Württemberg, Hamburg Commercial Bank AG, Landesbank Hessen-Thüringen Girozentrale, Norddeutsche Landesbank-Girozentrale
IuteCredit Europe
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
Elekta AB
Work highlights
- Defense of the Federal Republic of Germany in an ICSID arbitration by Swedish group Vattenfall AB in connection with Germany’s nuclear phase-out.
- Representing the four German banks Landesbank Baden-Württemberg, Hamburg Commercial Bank AG, Landesbank Hessen-Thüringen Gironzentrale and Norddeutsche Landesbank-Girozentrale in ICSID arbitration proceedings against Spain over its reform of the framework conditions for the energy industry, in particular for renewable energies.
- Representing the Estonian fintech company IuteCredit in a Paris-based ICC arbitration regarding license revocation and expropriation in Kosovo.
WACH UND MECKES und Partner Rechtsanwälte PartGmbB
Munich-based dispute resolution boutique WACH UND MECKES und Partner Rechtsanwälte PartGmbB provides German and international players with expertise in commercial, corporate and energy law disputes, with team members acting as both arbitrators and party representatives. Key contacts Tom Petsch, Frank Meckes and Karl Wach are well versed in post-M&A disputes and D&O liability.
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Key clients
Etihad Airways PJSC
Dentons
Dentons advises on numerous contentious issues with a focus on construction and plant engineering as well as post-M&A. The practice is very active in cross-jurisdictional proceedings, for which the team is particularly well equipped due to its integration within the firm's global network. Co-head Heiko Heppner focuses on arbitration proceedings relating to investment protection law, while co-head Thomas Nebel has a focus on arbitration law in plant construction. Matthias Hadding is experienced in cross-border arbitration and another key team member. Amy Kläsener, who is experienced in engineering and construction disputes, left for Jones Day in May 2021, followed by Courtney Lotfi in January 2022, who joined the same entity as of counsel.
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Fresenius Medical Care
Bundesrepublik Deutschland
Work highlights
- Representing a major European state in CIETAC arbitration proceedings involving predominantly Chinese manufacturers and distributors of FFP2/KN95 masks.
- Representing a DAX30 group in numerous international arbitration proceedings as well as cross-border litigation with a distributor from the Middle East in connection with the end of contractual relationships in various Middle Eastern jurisdictions.
- Representing a Chinese-European automotive supplier in arbitration proceedings regarding damages claims in connection with a supplier’s lack of production capacity.
Haver & Mailänder Rechtsanwälte Partnerschaft mbB
Haver & Mailänder Rechtsanwälte Partnerschaft mbB's dispute resolution group focuses on the chemical, automotive, energy and mechanical engineering sectors. The case load includes disputes related to post-M&A, corporate, trade and sales as well as product liability. The team is led by Gert Brandner, who is experienced in post-M&A disputes. Other key contacts include of counsel Klaus Gerstenmaier (focus on transactions and corporate issues) and Hans-Georg Kauffeld, who specializes in manager liability.
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McDermott Will & Emery Rechtsanwälte Steuerberater LLP
McDermott Will & Emery Rechtsanwälte Steuerberater LLP's arbitration team assists national and international companies with commercial disputes as well as investment protection matters, with a special focus on international investment proceedings, and hereby acts as arbitrator and party representative in proceedings according to various arbitration rules. The group focuses on the construction, infrastructure and energy as well as on the banking and finance sectors. The leading trio consists of Boris Uphoff, Thomas Hauss and Arne Fuchs.
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Testimonials
‘Great team spirit between partners. Teams pass balls and work efficiently.’
‘Arne Fuchs is a first-class consultant who, in addition to sound legal advice, always thinks economically and entrepreneurially.’
‘We have worked successfully with Arne Fuchs.’
‘McDermott Will & Emery’s lawyers are client-oriented and provide good, practical arbitration management. Their ability to articulate the defense strategy in relation to proceedings is very good. All in all they are very professional and use all their skills to achieve the client’s goals.’
‘I was particularly impressed with Arne Fuchs. His legal skills are outstanding. He has a solid understanding of international (arbitration) law.’
‘Arne Fuchs is very thorough and professional, especially in the preparation of client briefs. Every detail is illuminated by him. He has excellent skills in preparing the witnesses.’
‘Mr. Fuchs is an assertive lawyer who can adapt very quickly to new developments in arbitration proceedings. Excellent at conducting hearings with strong communication skills to referees and the opposition. He stays calm, even when the other side flares up.’
Key clients
Republik Nordmazedonien
Work highlights
- Representing a DAX30 company in an investment arbitration against an African state in connection with investments.
- Defending an Eastern European country in an investment arbitration regarding alleged investments.
Pinsent Masons Rechtsanwälte Steuerberater Solicitors Partnerschaft mbB
Pinsent Masons Rechtsanwälte Steuerberater Solicitors Partnerschaft mbB's team is particularly active in the infrastructure, energy, automotive and financial services sectors and recently expanded its team on associate level. The client portfolio consists of companies from Germany, Europe, the US and Russia, which the team advises in cooperation with other locations. Sibylle Schumacher heads the practice and regularly acts in post-M&A disputes and complex liability cases. Other members of the group are Martin Eimer, who is experienced in construction and plant engineering, and senior associate Alexander Shchavelev, who frequently assists with matters related to Russia or CIS.
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Testimonials
‘The team has a strong construction law focus across multiple jurisdictions.’
‘Martin Eimer is unfailingly polite and courteous, but at the same time defends the client’s interests.’
‘Pinsent Masons has an extremely strong dispute resolution practice around partner Sibylle Schumacher. The team is young, highly motivated, very balanced and very pleasant to work with.’
‘Sibylle Schumacher deserves a special mention. Through strategic and creative advice, Ms. Schumacher succeeds in achieving excellent results even in difficult cases. She integrates legal tech tools developed by Pinsent Masons into her advice in order to make the process as cost-effective as possible for clients and to create the greatest possible transparency (with regard to costs and the status of proceedings).’
‘Very pleasant and no-nonsense communication – knowing what they can do, but also knowing what they can’t do and sharing that too.’
‘Sibylle Schumacher recognizes essential points of a case straight away (excellent analytical skills); communicates very clearly and with a view to what is essential from the client’s point of view for decision-making; goes ahead with a lot of energy and drive, which is passed on to her employees.’
‘Sibylle Schumacher, the power woman at the head of the dispute resolution group, has impressively succeeded in putting together a team that is not only characterized by outstanding quality, but also clearly enjoys working as part of a team. ‘
‘Pinsent Mason’s dispute resolution practice has grown significantly in recent years and has become a major player in the German market, especially for arbitration and mass proceedings. The legaltech tools they created themselves give the team considerable advantages, especially in large and complex proceedings.’
Taylor Wessing
Led by Philipp Behrendt, the Taylor Wessing team assists clients from Germany and abroad with various contentious issues, while being able to rely on support from its international network in cross-border matters; the group focuses on the life sciences, energy and pharmaceuticals industries. Donata von Enzberg heads the arbitration group and is active in contentious matters relating to acquisitions, commercial and distribution law, while Carsten Müller takes on contentious corporate issues.
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