Scherer_Maxi

Professor Dr. Maxi Scherer

Scherer_Maxi

Professor Dr. Maxi Scherer

Special Counsel

Professor Maxi Scherer is a special counsel in the firm's Litigation/Controversy Department, and a member of the International Arbitration Practice Group. She has extensive experience with arbitral practice and procedure in civil and common law systems both in commercial and investment arbitration.

Regularly ranked by Who’s Who Legal, The Legal 500 etc. as a leading arbitration practitioner, she has been identified amongst the top 20 “Global Elite Thought Leaders” and described by peers and clients as “a brilliant legal mind,” “one of the most prominent arbitration scholars in Europe,” “excellent academic and arbitrator” and “one of the very best in both commercial and investment arbitration proceedings.

She is a full-time tenured professor of law at Queen Mary, University of London, where she holds the Chair for International Arbitration, Dispute Resolution and Energy Law. She is also Queen Mary's Director of the Centre for Commercial Law Studies (CCLS) in Paris. Other current or past academic appointments include Global Professor of Law at NYU Law School, Visiting Professor at SciencesPo Law School Paris, Adjunct Professor at the Georgetown Centre of Transnational Legal Studies, as well as visiting positions at Bucerius Law School Hamburg, University of Melbourne, Freie Universität Berlin, Sorbonne Law School, Université de Versailles, Université de Fribourg Switzerland, Universität Würzburg, Pepperdine Law School, Université de Bourgogne, Universität Basel and Université de Paris X Nanterre.

Practice

 Professor Maxi Scherer has represented and advised clients in numerous international arbitrations before most major arbitral institutions (including DIS, HKIAC, ICC, ICDR, ICSID, LCIA, VIAC, SCC and SIAC) and at various seats, governed by a variety of substantive and procedural laws (including Algerian, Austrian, Belgian, Congolese, Dutch, English, French, German, Hong Kong, Kazakh, Luxembourg, Nigerian, Polish, Turkish, Swedish and Swiss law), in different industry sectors, with a strong focus on energy disputes.

She has served as arbitrator (presiding, sole, co- and emergency arbitrator) in numerous ad hoc and institutional arbitrations, including with States and State-owned parties, with significant amounts in dispute (often over 50 million and up to over 1.3 billion USD) and multiple parties (e.g. over 40 parties), conducted in English, French and German.

Recent highlights include:

  • Presiding arbitrator in an ad hoc arbitration between French investors and the Republic of Mauritius (UNCITRAL Rules, seat England, languages: French and English)
  • Presiding arbitrator in a PCA administered arbitration between a US investor and an Eastern European State concerning a Production Sharing Agreement (UNCITRAL Rules, seat Sweden, amount in dispute several hundred million USD)
  • Presiding arbitrator in a telecommunication dispute in the Democratic Republic of the Congo (ICC Rules, seat France, Congolese law, amount in dispute over 250 million USD)
  • Co-arbitrator in a dispute involving parties from CIS States (LCIA Rules, seat England, English law, amount in dispute approx. 300 million USD)
  • Co-arbitrator in an arbitration between European parties concerning the price revision of a long-term energy contract (DIS Rules, German/Luxembourg law, amount in dispute over 1.3 billion EUR, language: German)

For a more detailed list of appointments see the Experience section below.

Publications and Speaking Engagements

 Professor Scherer speaks regularly on international arbitration at conferences and seminars, including events organized by the International Bar Association (IBA), the Chartered Institute of Arbitrators (CIArb), the International Chamber of Commerce (ICC), the London Court of International Arbitration (LCIA), the Swiss Arbitration Association (ASA), the British Institute for International and Comparative Law (BIICL), the Society of International Economic Law (SIEL) and the Centre for Research on International Investment Law (CREDIMI).

Professor Scherer has also published extensively on topical issues of arbitration and international law. Recent publications include the books "International Arbitration in the Energy Sector" (2018, Oxford University Press, 2018), "Transparency in International Investment Arbitration: A Guide to the UNCITRAL Rules on Transparency in Treaty-Based Investor-State Arbitration" (2015 Cambridge University Press), "Arbitrating Under the 2014 LCIA Rules – A User's Guide (2015 Wolters Kluwer Law and Business), "The New York Convention on Recognition and Enforcement of Foreign Arbitral Awards: A Commentary" (C. H. Beck München & Hart Publishing Oxford, 2013) and the articles Inherent Powers to Sanction Party Conduct, in: F. Ferrari (ed.), Inherent Powers, Juris Publishing, 2018, pp. 105-132; A Comparative and Normative Analysis of Parties' Agreements on Judicial Review of Awards, Arbitration International, 2016; L'autorité de chose jugée des décisions relatives au contrôle des sentences, Revue de l'arbitrage 2016, pp. 1-35.

Experience

  • ICC Rules

    • Presiding arbitrator in consolidated proceedings between parties from the Ivory Coast and Nigeria in the oil and gas sector (seat France, amount in dispute approx. 100 million USD) 
    • Presiding arbitrator in consolidated proceedings between a Singaporean party and an Eastern European State-owned energy company concerning the upgrade of an oil project (seat Switzerland, Swiss and Kazakh law, amount in dispute approx. 50 million USD) 
    • Presiding arbitrator in a telecommunication dispute in the Democratic Republic of the Congo (seat France, Congolese law, amount in dispute over 250 million USD)
    • Presiding arbitrator in a dispute between Spanish and Turkish parties concerning a hydroelectric power plant joint venture in Turkey (seat Switzerland, Swiss law, amount in dispute approx. 50 million USD)
    • Presiding arbitrator in a joint venture disputes between multiple parties (seat France, Italian law)
    • Presiding arbitrator in a dispute between Indian and Turkish parties concerning a joint venture in Turkey (seat England, Turkish law)
    • Co-arbitrator in a dispute between two African parties concerning an off-shore gas field (seat France, in French)
    • Co-arbitrator in an investor-state arbitration involving a South-Eastern European State in the oil & gas sector (seat Switzerland, Swiss law, amount in dispute over 75 million USD)
    • Co-arbitrator in a gas supply dispute between European parties (seat Switzerland, French law, amount in dispute over 50 million USD)
    • Co-arbitrator in a dispute between Egyptian and French parties concerning the construction of a metro in the Middle East (seat Germany, German law)
    • Sole arbitrator in a dispute involving parties from France, the Netherlands, Switzerland, Nigeria, the UK and the Virgin Islands concerning a joint venture relating to a port in Ghana (seat England, English law)
    • Sole arbitrator in a dispute involving a State-owned company in the satellite industry (seat England, Swedish law)
    • Sole arbitrator in a dispute between British Virgin Islands and United Arab Emirates parties (seat England, Greek law)
    • Emergency arbitrator in a dispute between Central and Eastern European parties (seat Austria, German law)
  • LCIA Rules

    • Presiding arbitrator in a dispute involving a State and a State-owned company regarding the privatization of an energy project in South-Eastern Europe (amount in dispute approx. 50 million EUR)
    • Presiding arbitrator in a dispute between Chinese, UK, Turkish and other parties in a joint venture dispute (seat England, English law)
    • Presiding arbitrator in two parallel arbitrations concerning a joint venture dispute involving more than 40 parties (seat England, English law)
    • Presiding arbitrator in a dispute between Nigerian and English parties concerning a long-term gas contract (seat England, English law)
    • Co-arbitrator in a dispute involving parties from CIS States (seat England, English law, amount in dispute approx. 300 million USD)
    • Co-arbitrator in a dispute between Irish and Russian parties concerning several airplane lease agreements (seat England, English law)
    • Co-arbitrator in a dispute between Australian and Indian parties in the mining industry (seat England, English law, amount in dispute approx. 20 million USD)
    • Sole arbitrator in a dispute between a foreign investor and a state-owned entity in Africa concerning one of the major ports in the region (seat London)
    • Sole arbitrator in a dispute involving a State-owned company concerning the financing of a power plant in Eastern Europe (seat England, English law)
    • Sole arbitrator in a dispute between Portuguese and Irish parties concerning a distribution agreement (seat England, English law)
    • Sole arbitrator in a dispute between Swiss and Greek parties concerning a service agreement in the energy sector (seat England, English law)
    • Sole arbitrator in a dispute between Nigerian and Irish parties concerning an agreement about energy supply (seat England)
    • Sole arbitrator in a dispute between Brazilian and UK parties concerning a financing agreement (seat England)
    • Sole arbitrator in a dispute between US and Belgian parties concerning a service agreement (seat England, Belgian law)
  • Other

    • Presiding arbitrator in a PCA administered arbitration governed by UNCITRAL Rules between a US investor and an Eastern European State concerning a Production Sharing Agreement (seat Sweden, amount in dispute several hundred million USD)
    • Presiding arbitrator in an ad hoc arbitration governed by UNCITRAL Rules between French investors and the Republic of Mauritius (seat England, languages: French and English)
    • Presiding arbitrator in a DIS arbitration between German and UK parties (seat Germany, German law)
    • Presiding arbitrator in an SCC arbitration between Chinese and Swiss parties (seat Sweden)
    • Presiding arbitrator in a SCC arbitration between Swedish and Cypriot parties (seat Sweden)
    • Co-arbitrator in a DIS arbitration between European parties concerning the price revision of a long-term energy contract (German/Luxembourg law, amount in dispute over 1.3 billion EUR)
    • Co-arbitrator in a dispute between a State-owned oil company and a UAE company concerning an agreement in relation to Algeria (seat France, Spanish law)
    • Sole arbitrator in an HKIAC arbitration between Chinese and English parties in the energy emissions trading sector (seat Hong Kong, Hong Kong law, amount in dispute approx. 30 million EUR)
    • Sole arbitrator in an ad hoc arbitration governed by UNCITRAL Rules between British Virgin Island and Kazak parties

Recognition

Professor Scherer featured in the 2016, 2017, 2018 and 2019 editions of Who's Who Legal: Arbitration as a leading arbitrator and was named among the top 20 “Global Elite Thought Leaders” and was described by peers and clients as a "thought leader in the field of international arbitration," who stands out as "one of the very best in commercial and investment arbitration proceedings." She is also recognized for her "a brilliant legal mind" and described as "one of the most prominent arbitration scholars in Europe" and "excellent academic and arbitrator."

Insights & News

Credentials

  • Education

    • PhD, University of Paris I, Panthéon-Sorbonne, 2001

      with Merits
    • DEA, Post-Graduate Diploma in International Private and Commercial Law, University of Paris I, Panthéon-Sorbonne, 1999

      Top of Class
    • Maîtrise, University of Paris I, Panthéon-Sorbonne, 1998

      with highest Merits
    • LLM, Universities of Paris Panthéon-Sorbonne and Cologne, 1998

      with highest Merits
  • Admissions

    • Paris

    • England and Wales, Solicitor

  • Languages

    • English

    • French

    • German

Credentials