International Arbitration GERMANY

WilmerHale offers one of the world's premier international arbitration and dispute resolution practices.


WilmerHale's International Arbitration Practice consists of more than 70 Continental, US, English and other lawyers focusing on arbitration and dispute resolution law in London, Washington DC, New York, Frankfurt and Berlin. The practice is headed by Gary Born, the world's preeminent authority in the field. Among his many accolades, Mr. Born was awarded the inaugural "Advocate of the Year" prize by Global Arbitration Review and is one of only two practitioners to achieve “star” status for international arbitration in the Chambers Europe guide. 

Contacts

Sort By
Quack, Ulrich

Ulrich Quack

Partner

+49 30 20 22 63 32 (t)

ulrich.quack@wilmerhale.com

Schwarz, Franz T.

Franz T. Schwarz

Vice Chair, International Arbitration Practice Group

+44 (0)20 7872 1025 (t)

franz.schwarz@wilmerhale.com

Bock, Michelle Glassman

Michelle Glassman Bock

Counsel

+49 69 27 10 78 010 (t)

michelle.bock@wilmerhale.com

Späth, Patrick

Patrick Späth, LL.M.

Counsel

+49 30 20 22 65 42 (t)

patrick.spaeth@wilmerhale.com

Harler, Christoph

Christoph Harler

Counsel

+49 69 27 10 78 220 (t)

christoph.harler@wilmerhale.com

Kutschelis, Julian

Dr. Julian Kutschelis

Senior Associate

+49 30 20 22 65 42 (t)

julian.kutschelis@wilmerhale.com

Experience

Our practice covers virtually all forms of international arbitration. Our lawyers are presently handling disputes under the International Chamber of Commerce (ICC), American Arbitration Association (AAA), London Court of International Arbitration (LCIA), International Centre for Settlement of Investment Disputes (ICSID), Vienna International Arbitral Center (VIAC) and UNCITRAL rules. We also have extensive experience with other forms of institutional arbitration and ad hoc arbitrations, including arbitration of public international law issues. Our lawyers have been involved in arbitrations seated in the United States (various situses), London, Geneva, Zurich, Stockholm, Vienna, Paris, Brussels, Amsterdam, The Hague, Singapore, Hong Kong, Mexico, Canada, Frankfurt and Berlin.

We have particular experience in a number of substantive areas, including:

  • joint venture, company purchase (mergers and acquisitions) and international trade transaction disputes;
  • representation of leading financial services companies in a wide range of disputes, including securities-related disputes and regulatory investigations involving accounting and related issues;
  • insurance and reinsurance disputes;
  • representation of leading international energy companies in a wide range of disputes, including under operating agreements, joint bid agreements, concessions, oil and gas supply contracts and other arrangements;
  • disputes involving construction, engineering, and related forms of contracts and projects; and
  • disputes involving public international law, foreign states and state-owned entities.

In numerous cases, our lawyers have also served as arbitrators, mediators and expert witnesses on issues in all areas of international dispute resolution. Representative cases in these sectors include:

Joint Venture Disputes

We have extensive experience in joint venture, shareholder, corporate governance and control, and related disputes, including:

  • An ICC arbitration, sited in Madrid and London and governed by Spanish law, between US and Spanish companies. The arbitration involved amounts in dispute exceeding $150 million. The arbitration was settled on terms highly favorable to our client, after it was awarded provisional measures.
  • Two ICC arbitrations, sited in Geneva and governed by Turkish and English law, between a leading private equity fund and a Turkish joint venture partner. The dispute involved amounts in dispute exceeding $75 million and was settled on terms highly favorable to our client after it was awarded provisional measures.
  • An ICC arbitration, sited in Brussels with German, French and Belgian law applying, involving the break-up of a joint venture between leading European international telecommunications companies with more than $30 billion in dispute. The arbitration was settled on terms highly favorable to our client.
  • An LCIA arbitration, sited in London with English and Greek law applying, involving disputes under a shareholder's agreement between two large telecommunications companies. The arbitration was resolved following a partial award favorable to our client.
  • An LCIA arbitration, sited in London with law of a Latin American state applicable, involving disputes arising from a major joint venture in the financial services sector between European and Latin American parties.
  • Two ICC arbitrations, sited in Stockholm with Finnish and German law applicable, relating to the dissolution of a joint venture and the violation of non-competition commitments between two major European industrial enterprises.
  • An ICC arbitration, sited in Belgrade, involving breaches of agreements relating to a joint venture company.
  • An UNCITRAL arbitration, sited in Western Europe, concerning a former joint venture between two of the world's largest advertising groups.
  • Two related ICC arbitrations, sited in London with Spanish law applying, involving disputes over a joint venture company. We act as counsel for a major multinational aerospace and defense company in these disputes.
  • A $50 million ICC arbitration between two major mining companies involving termination of a joint venture in Latin America.

Merger and Acquisition Disputes

We have wide experience in disputes arising from merger, acquisition, disposal and related types of agreements, including:

  • An ICC arbitration, sited in Paris under Luxembourg law, between major US and French financial services companies arising from a share purchase agreement. Amounts in dispute exceeded $100 million and the matter was resolved by a final award in favor of our client.
  • An ICC arbitration, sited in Geneva, involving disputes over the acquisition of a capital goods business. The dispute settled on very favorable terms for our client.
  • An ICC arbitration, sited in London and governed by English law, between an oilfield services company and a state-owned company in West Asia concerning acquisition of a plant. The matter is ongoing.
  • An LCIA arbitration, sited in London under Dutch and Greek law, arising from an aborted acquisition.
  • An arbitration and expert determination involving disputes over purchase price adjustments in a $1 billion acquisition. The dispute was resolved by settlement on highly favorable terms to our client.

Energy Disputes

We have represented leading international energy companies in a wide range of disputes, including under operating agreements, joint bid agreements, concessions, oil and gas supply contracts, and other arrangements, including:

  • An ad hoc arbitration, sited in New York, pursuant to the UNCITRAL Rules, and related expert determinations between a European energy company and a Caribbean supplier, concerning the pricing mechanism in a LNG sales contract. The amount in dispute exceeds $500 million. The matter is ongoing.An ICC arbitration, sited in London, involving rights to an off-shore oil block in West Africa allegedly valued in excess of $200 million. The dispute involves claims under a Farm-In Agreement, an Operating Agreement and applicable national law. The matter was resolved in favor of our client on all issues in a final award.
  • A dispute subject to arbitration under the Arbitration Rules of the Kuala Lumpur Regional Arbitration Centre between a state-owned oil company and a multinational.
  • An ad hoc arbitration, sited in Washington, involving disputes between an Asian state and several leading multinational energy companies over a gas supply contract. The arbitration was resolved by an award in our client's favor.
  • Two consolidated ICC arbitration proceedings sited in London, involving disputes under a farm-in agreement between our client (a multinational oil company) and a local indigenous company. The amounts in dispute exceeded $1 billion with English law applying. The Tribunal ruled entirely in favor of our client.
  • An ICSID arbitration involving claims by a leading European energy company against a Central American state. The amounts in dispute are unquantified. The matter is ongoing.
  • A dispute subject to UNCITRAL arbitration between a European energy compnay and an Asian state concerning tax and pricing issues, with amounts in dispute in excess of $2 billion. The matter is ongoing.
  • An LCIA arbitration, sited in London with English law applying, involving the breach of a joint study and bid agreement between two leading international oil companies, with amounts in dispute exceeding $250 million. The arbitration was resolved by an award in our client's favor.
  • A UNCITRAL arbitration involving disputes between a Central African state and a foreign investor in the energy sector. The matter is ongoing.
  • A conciliation and mediation under ICSID rules in a dispute between a US oil company and a Caribbean nation over termination of a cooperation agreement.
  • An ICSID arbitration and expert determination involving pricing disputes under a complex set of agreements between an operator and a state-owned oil company.

Construction and Engineering Disputes

We have significant experience in disputes involving construction, engineering and related forms of contracts and projects, including:

  • An ICC arbitration, sited in Geneva and governed by Swiss law, between a leading US information technology company and a Latin American telecommunications company and a UN agency. The arbitration involved amounts in dispute exceeding $100 million, and the matter is ongoing.
  • An ICC arbitration, sited in Madrid, between a defense contractor and a Spanish software company. The arbitration involved intellectual property and software issues and was settled on terms highly favorable to our client.
  • A number of separate ICC and ad hoc arbitrations, sited in London, The Hague and Geneva with Dutch, English and Swiss laws applicable, involving disputes over construction of power plants in Western Europe and Africa.
  • An ad hoc arbitration, sited in London, involving claims for faulty construction of a Latin American chemicals plant. The dispute settled on highly favorable terms.
  • An ICC arbitration, sited in The Hague, involving disputes over a consortium agreement on a major infrastructure project.
  • A $40 million ICC arbitration, sited in London, involving a construction dispute between an Asian state entity and the Western supplier of turn-key plant. The dispute was resolved on highly favorable terms following several preliminary rulings in favor of our client.
  • A $1 billion construction arbitration under UNCITRAL rules between a major multinational petroleum company and a Middle Eastern state arising from the destruction of a refinery. The arbitration was resolved by an award in our client's favor.
  • Two consolidated ICC arbitrations, sited in New York, between a leading American capital goods manufacturer and two Colombian companies involving the sale of aircraft equipment in Colombia.
  • An ICC arbitration sited in Seoul, Korea, with Korean law applicable, involving an indemnification dispute concerning the sale of automobile equipment to a major Korean manufacturer.
  • An ICC arbitration, sited in London, involving disputes over construction of a steel mill.

Insurance Disputes

We have substantial experience in insurance coverage disputes, including:

  • A $40 million ad hoc arbitration, sited in London, under a Bermuda Form insurance policy. The arbitration was settled on highly favorable terms.
  • An AAA arbitration, sited in Washington with District of Columbia law applying, involving claims of expropriation and violations of international law in connection with an investment in the Middle East. The arbitration resulted in an award in favor of our client on all issues.
  • A multiparty ICC arbitration with English and Texas law applicable, arising from a political risk insurance policy. The arbitration involved more parties than any other ICC arbitration to date and was settled on favorable terms.
  • An ad hoc arbitration, sited in London with English and Indian law applying, involving US, English and Indian parties. The arbitration involved issues of English insurance and contract law, with the IBA Rules of Evidence applying.
  • Representation of a leading North American manufacturing corporation in ongoing disputes with a major European insurer in relation to coverage for a medical incident in the United States.

Intellectual Property Disputes

We have extensive experience in a wide range of intellectual property matters, involving:

  • A multiparty ICC arbitration, sited in London with Indian and Texas law applicable, involving claims in excess of $100 million under a technology transfer agreement between US and Asian parties.
  • An AAA arbitration, sited in London with English and European Community competition law applicable, involving claims under a distribution agreement between US and European parties.
  • A $45 million arbitration sited in Stockholm under Stockholm Arbitration Institute Rules with Russian and New York law applying. The arbitration involved claims by a Russian purchaser against a North American supplier. The dispute was settled on highly favorable terms.
  • A $90 million ICC arbitration, sited in London, involving technology transfers between two US parties and one Asian party.
  • An ICC arbitration, sited in Zurich between two computer software producers involving claims of copyright infringement and competition law violations.
  • An arbitration under ICC rules, sited in Geneva, between two chemical companies in a dispute over intellectual property rights.
  • An arbitration under ICC rules between a US high technology company and a Scandinavian manufacturer over misappropriation of trade secrets.
  • A complex arbitration under ICC rules, sited in Geneva, between industrial equipment manufacturers, raising issues of EU, US, and other competition laws.
  • Related LCIA and ad hoc arbitrations, sited in London, between Latin American and Western European shipping lines, raising issues of competition and unfair trade practice law.

Telecommunications Disputes

We have very broad experience in arbitrations involving the telecommunications industry, including:

  • An ICC arbitration, sited in Zurich with English and Swiss law applying, involving disputes between two major European enterprises over control of a joint venture company valued at more than $1 billion. At our request, the arbitration was conducted on a fast-track basis, proceeding from Terms of Reference to a successful award in less than three months.
  • A series of related ICC arbitrations, sited in Geneva with Italian and Swiss law applying, involving the break-up of a telecommunications joint venture between German, French, and Italian parties, involving claims in excess of $10 billion.
  • Two related arbitrations sited in Vienna under the Rules of Arbitration of the International Arbitral Center of the Federal Economic Chamber in Vienna. The arbitrations involve disputes over control of a major telecommunications joint venture, with Polish and Austrian law applying.

Disputes Involving States

We also have broad experience in matters involving foreign states and state-owned entities or public international law. In recent years, we have acted in arbitrations or similar matters involving Bangladesh, Colombia, the Congo, Eritrea, the European Union, France, Germany, Iran, Kazahkstan, Peru, Pakistan, Qatar, Saudi Arabia, Singapore, Trinidad & Tobago, Turkmenistan, the United States, Yemen, and Yugoslavia, including:

  • An arbitration, sited in London, under the auspices of the Permanent Court of Arbitration between two African nations over territorial sovereignty.
  • An ad hoc arbitration between an aerospace company and a Middle Eastern state involving claims under a bilateral investmetn treaty and contractual instruments. The matter settled on terms favorable to our client.
  • An ICSID arbitration, sited in Washington with international law applicable, involving multiple disputes between a European multinational and an Asian State, with amounts in dispute exceeding $100 million.
  • A $100 million ICC arbitration, sited in London, involving a European/Japanese consortium and an Asian state.
  • An arbitration, sited in Stockholm, under ICC Rules, between an international energy company and a Central Asian state.
  • An ICSID arbitration between a multinational petroleum company and an Asian state.
  • An ICSID annulment case involving a challenge to an ICSID arbitration award made in an expropriation dispute between two Hong Kong companies and the government of a Middle Eastern nation.
  • An arbitration between an international environmental nonprofit organization and a European government over an attack on the organization's property and personnel.
  • Arbitrations before the Iran-United States Claims Tribunal in The Hague.

Please note: The results described herein are for informational purposes only and are not intended to serve as predictions or guarantees of similar results in other matters.

Honors & Awards

WilmerHale's International Arbitration Group is frequently cited as one of the world's top teams in its field, with individuals and partners highly ranked across all leading directories. Recent group accolades include:

"Outstanding international arbitration practice with an enviable track record handling complex institutional and ad hoc arbitrations. Significant experience in joint venture disputes and in the oil and gas sector.” Chambers UK 2016 (Ranked in Band 1)

"Extremely highly regarded group of practitioners with particular strength in London and Washington, DC" and "Outstanding international arbitration practice with an enviable track record handling complex institutional and ad hoc arbitrations." Chambers Global 2016 (Ranked in Band 2)

"They are creative and very detailed. They had a very impressive strategic approach, with numerous ideas of how to move forward. They're on top of their cases and prepare incredibly well." Chambers Global 2015 (Ranked in Band 2)

"The international arbitration group is well equipped to handle cases in a broad range of areas including mergers and acquisitions, joint ventures and insurance disputes, and it is often involved in arbitrations in various European cities." Chambers Global 2013 (Ranked in Band 2)

"The firm is one of the leading authorities on international arbitration." Chambers Global 2012 (Ranked in Band 2)

"This firm possess one of London's leading arbitration practices, and the team is noted for its strong advocacy skills." Chambers Global 2011 (Ranked in Band 3)

  • Chambers Global 2012, 2013, 2014, 2015 and 2016 recognized our "creative and detailed" international arbitration practice as having a "stellar multinational team" who receives "praise for their international approach, attention to detail and impressive cross-examination techniques," is "well equipped to handle cases in a broad range of areas," and has a "stellar reputation for handling a portfolio of big-ticket, highly complex institutional and ad hoc arbitrations." 
  • Chambers UK: A Client's Guide to the UK Legal Profession consistently ranks our practice for exceptional work and reputation. The 2016 guide cited our "outstanding international arbitration practice” as having “an enviable track record handling complex institutional and ad hoc arbitrations” and “significant experience in joint venture disputes and in the oil and gas sector." Gary Born, Steven Finizio and Franz Schwarz are recognized as leading international arbitration practitioners in London.
  • Chambers Europe consistently ranks our practice and individual lawyers, and in the 2016 guide WilmerHale is recognized for international arbitration (Europe-wide) and Gary Born, Franz Schwarz and Steven Finizio are recognized in the area.
  • The Legal 500 Deutschland 2016 recognized WilmerHale in eight categories, including dispute resolution and recommended 11 attorneys within their respective practice areas.
  • In the 2015 edition of The Legal 500 UK, WilmerHale is named a top-tier firm for dispute resolution - international arbitration and was recognized for dispute resolution - public international law. The guide said “WilmerHale's experience includes multibillion-euro joint venture disputes. Gary Born is 'brilliant;' Franz Schwarz is 'an extraordinary advocate;' and Steven Finizio is highly rated."
  • Since its inception in 2008, we have been named amongst the world's top international arbitration practices within Global Arbitration Review's GAR 30 list.
  • Named "Law Firm of the Year" in International Arbitration in the U.S. News - Best Lawyers® "Best Law Firms" rankings in the 2013, 2014 and 2015 editions.
  • JUVE, a leading legal publication in Germany, highly recommends WilmerHale in the area of Arbitration/Mediation in its 2016/2017 edition.
  • Gary Born, John Pierce and Franz Schwarz are recognized in the latest edition of Legal Media Group's Best of the Best: Commercial Arbitration.