Expertise

Our core competence is dispute resolution with a particular focus on international arbitration.

In addition to industry knowledge and legal expertise, we have the experience necessary for selecting and implementing the appropriate legal procedures. In cross-border disputes, our clients benefit from our legal, linguistic, and intercultural expertise.

We endeavor to resolve conflicts amicably wherever possible and appropriate. If an amicable resolution cannot be reached, we represent our clients’ interests in a competent and resolute manner before arbitral tribunals and state courts.

Arbitration


In arbitration proceedings, we act as counsel and arbitrators in domestic and international proceedings.

This distinguishes us as counsel in arbitral proceedings

As counsel, we support our clients in all phases of arbitration proceedings, from the initiation of proceedings to the enforcement of arbitral awards. We advise our clients in an interest-oriented, efficient and productive manner at every stage of the proceedings. On request, we also act as German co-counsel.

We are regularly appointed as arbitrators

As arbitrators, we act in institutional arbitration proceedings (including ICC, DIS, SCC, VIAC, and the Voldgiftsinstituttet (Danish Institute of Arbitration)), as well as in ad-hoc arbitration proceedings, either as sole arbitrator, party-appointed arbitrator or as chairman of the arbitral tribunal. According to JUVE, “each partner [is] outstanding as arbitrator”. Dr. Inka Hanefeld, LL.M. is a member of the ICSID list of arbitrators since 2013 and Vice President of the ICC International Court of Arbitration and LCIA court member since 2015.

Our clients benefit from our diverse expertise

The unique combination of our years of experience as party representatives, arbitrators and counsel as well as member of the ICC International Court of Arbitration sets us apart from our competitors. Clients choose us because we are familiar with all aspects of arbitration proceedings and are able to use this familiarity to our clients’ advantage. Our expertise allows us to develop an early and target-oriented strategy for our clients.

The standard reference work Praxiskommentar ICC-SchO / DIS-SchO (Dr. Otto Schmidt-Verlag 2014), co-edited by Jan Heiner Nedden, also shapes our comprehensive arbitration experience. Members of our law firm are co-commentators in other standard reference works on national and international arbitration, such as Arbitration in Germany (Wolters Kluwer 2015) and the Practitioner’s Handbook on International Commercial Arbitration (Oxford University Press 2009; new edition in preparation). We also regularly give lectures on topics related to arbitration.

Litigation


As counsel, we enforce the rights and interests of our domestic and foreign clients before German courts.

One of the focuses of our litigation practice is conducting cross-border litigation, including the recognition and enforcement of foreign court decisions and arbitral awards, both in commercial and investment arbitration. We also act in setting aside proceedings of arbitral awards before state courts.

We advise and represent foreign companies and law firms on legal disputes regarding German law and act as German co-counsel in this field.

Specialised international law firms as well as German colleagues often instruct us as litigation co-counsel in proceedings before German courts. We recently acted, for instance, in a cartel dispute with damages of EUR 68 million. In this regard, we benefit from our familiarity with the judicial perspective acquired through our experience as arbitrators. This allows us to secure tactical and strategic benefits for our clients.

We further advise domestic companies and law firms in disputes with a foreign connection, among others on issues of international private and procedural law. We are also regularly retained to issue second opinions.

If advice regarding foreign law or appearance before a foreign court is required, we cooperate with foreign colleagues with whom we have worked closely for years.

Alternative Dispute Resolution


We support domestic and foreign companies in mediation, dispute adjucation, conciliation, expert determination, and other ADR proceedings.

In ADR proceedings, we provide the parties with solutions that are future-oriented and reflect their interests, all within a confidential setting. As with our litigation and arbitration proceedings, our clients value our thorough factual and legal preparation.

We have in particular gained relevant experience in complex DAB (Dispute Adjudication Board) proceedings, which require outstanding commitment with respect to time as well as a rapid response capacity.

As mediators and counsel, we are focussing on interest-oriented criteria to support the companies involved in finding an amicable and suitable resolution to their dispute. In conciliatory proceedings, we act as counsel before state-approved conciliation committees. Finally, in appropriate cases, we determine together with our clients whether it is reasonable to consult an arbitral expert (Schiedsgutachter).

Expert Advice


As legal experts, we assess questions regarding German law and public international law in international court proceedings.

Thanks to our excellent knowledge of German and public international law and our outstanding international reputation, we are regularly named as experts on selected legal matters in proceedings before foreign courts.

For instance, a member of our firm has responded as expert on German law to questions in large-volume proceedings before New York courts, which are to be assessed under German law due to the applicable conflict of law rules. In the field of international law, a member of our law firm has responded to questions on lump sum agreements in several Korean court proceedings.

Dispute Consulting


In dispute consulting, our primary focus is on strategy consulting, contract analysis and drafting, as well as on claim management and arbitrator selection.

We advise clients and colleagues regarding specific procedural strategies and issues, and provide them with risk assessments. In close cooperation with our clients, we offer target-oriented case preparation and positioning in advance of litigation. Our clients receive an honest and realistic assessment of their chances of success from us. At the same time, we represent our clients’ interests in a focused and decisive manner.

Our activities in the field of dispute consulting also include the drafting of dispute resolution clauses, pre-dispute contract analysis, and support in claim management and the selection of a suitable arbitrator. In this field, our clients benefit from our extensive experience as counsel, arbitrator, member and counsel at the ICC International Court of Arbitration, our unique network and our deep industry knowledge.

Examples of our work


The large variety of matters in which we have acted is a testament to our success.

  • Arbitrator in an international ICC arbitration in the construction sector with an amount in dispute of USD 1,6 billion
  • Arbitrator in an international ICC arbitration in the field of mechanical engineering involving a EUR 1,4 million dispute
  • Arbitrator in two international ICC arbitrations with state involvement under a FIDIC contract with an amount in dispute of USD 11 million, respectively USD 7 million
  • Arbitrator in an international ICC arbitration in the energy/price adjustment sector with an amount in dispute of USD 500 million
  • Arbitrator in an international ICC arbitration in a banking & finance dispute of USD 100 million
  • Arbitrator in an international ICC arbitration in the real estate sector with an amount in dispute of EUR 5 million
  • Arbitrator in an international ICC arbitration in the automotive sector with an amount in dispute of USD 10 million
  • Arbitrator in an international ICC arbitration in the solar energy sector with an amount in dispute of EUR 14 million
  • Arbitrator in an international ICC post-M&A arbitration with an amount in dispute of EUR 12 million
  • Arbitrator in an international ICC arbitration in the construction sector with an amount in dispute of EUR 5 million
  • Arbitrator in an international ICC arbitration in the energy/price adjustment sector with an amount in dispute of EUR 300 million
  • Arbitrator in an international ICC arbitration in the finance sector with an amount in dispute of EUR 5 million
  • Arbitrator in an international ICC post-M&A arbitration with an amount in dispute of EUR 120 million
  • Arbitrator in an ICC arbitration in the automotive sector with an amount in dispute of EUR 120 million
  • Arbitrator in an investment protection arbitration under the ICC Rules in a EUR 6 million dispute
  • Arbitrator in an international DIS post-M&A arbitration with an amount in dispute of EUR 20 million
  • Arbitrator in an international DIS post-M&A arbitration with an amount in dispute of EUR 55 million
  • Arbitrator in a DIS arbitration in the energy sector with an amount in dispute of EUR 10 million
  • Arbitrator in three parallel DIS arbitrations in the IT security technology sector with an amount in dispute of EUR 50 million
  • Arbitrator in a fast track SCC arbitration in the distribution sector with an amount in dispute of EUR 600.000
  • Arbitrator in an international SCC arbitration in the energy sector with an amount in dispute of EUR 23 million
  • Arbitrator in an international SCC arbitration in the energy sector with state involvement with an amount in dispute of EUR 120 million
  • Arbitrator in an investment arbitration under the SCC Rules relating to a EUR 70 million dispute
  • Arbitrator in a DIA arbitration in the construction sector with an amount in dispute of EUR 2 million
  • Arbitrator in a DIA arbitration in the finance sector with an amount in dispute of EUR 2 million
  • Arbitrator in an international post-M&A arbitration with an amount in dispute of EUR 85 million
  • Counsel in a DIS arbitration in the project finance sector with an amount in dispute of EUR 100 million
  • Counsel in a DIS arbitration in the infrastructure and transport sector with an amount in dispute of EUR 18 million as well as representation before a Higher Regional Court and the German Federal Court of Justice
  • Counsel in DAB proceedings in the construction and renewable energies sector with an amount in dispute of EUR 150 million
  • Counsel in adversary proceedings about a sugar cartel with an amount in dispute of EUR 68 million
  • Counsel in an arbitration in the machine building sector with an amount in dispute of EUR 2 million
  • Counsel in adversary proceedings in the transport sector with an amount in a EUR 3 million dispute
  • Sovereign state counsel in proceedings for the enforcement of an arbitral award in an investment arbitration with an amount in dispute of EUR 2 million
  • Counsel to a medical technology company in proceedings for interim relief in defence of an international service of legal documents under The Hague Service Convention
  • Acting for a foreign manufacturer of industrial products in German court proceedings against a German construction company in a EUR 2,8 million dispute and advice on issues of international jurisdiction and lis pendens
  • Co-Counsel in an ICC arbitration in the construction sector in a EUR 70 million dispute
  • Co-Counsel in proceedings for damages under cartel law before a German court with an amount in dispute of EUR 68 million
  • German co-counsel in an international ICC post-M&A arbitration relating to a EUR 360 million dispute
  • Counsel in an ICC arbitration in the field of mechanical engineering with an amount in dispute of EUR 1,5 million
  • Counsel in an arbitration under the rules of the Hamburg Chamber of Commerce in the field of mechanical engineering with an amount in dispute of EUR 2,2 million
  • Pre-litigation consultation in the construction sector with questions of insolvency law and an amount in dispute of EUR 20 million
  • Pre-litigation consultation in connection with the construction of several onshore wind parks with an amount in dispute of EUR 100 million
  • Pre-litigation consultation in the field of water infrastructure in a EUR 60 million dispute
  • Pre-litigation consultation on a post-M&A matter in the automotive sector with an amount in dispute of EUR 20 million
  • Expert on German law in several US court proceedings in the banking & finance sector with an overall amount in dispute of more than USD 3 billion
  • Expert on international law in several Korean court proceedings
  • Advice to a sovereign state on the reform of its model investment protection treaty
  • Advice to an investor on claims under the Energy Charta against a sovereign state
  • Advice of a foreign building company regarding the enforcement of an ICC arbitral award against a German construction company before German courts with complex questions on legal force and an amount in dispute of USD 70 million
  • Mediator in a shareholders‘ dispute
  • Counsel in DAB proceedings in the construction and renewable energies sector with an amount in dispute of EUR 150 million