Wagner-Arbitration

We offer comprehensive legal services relating to the resolution of business disputes through arbitration, domestic litigation and alternative dispute settlement mechanisms. We also advise on cross-border transactions with a focus on international and domestic trade and corporate law, as well as on international investment law and public international law.

Commercial Arbitration

Commercial arbitration is a process of resolving disputes through independent tribunals rather than through state courts. It is a flexible and efficient way to resolve disputes, and it can often lead to faster and less expensive outcomes than traditional litigation.

Our Experience

Commercial arbitration is one of our core competencies. Our firm has extensive experience in commercial arbitration across a wide range of industries and business sectors, where we represent clients under all major arbitration rules (ICC, UNCITRAL, SCC, DIS and more).

Given our focus on commercial and corporate law and our track record in drafting commercial contracts and assisting in business transactions, we are highly experienced in commercial and corporate disputes, including international sales, distribution, Post M&A, PE & VC.

Our Offer

Our services in commercial arbitration include:

  • Pre-arbitral legal advice, such as preparation of legal opinions
  • Coordination with third party funders (if required)
  • Representation in arbitral proceedings
  • Ancillary counselling services to law firms in Germany and other jurisdictions, e.g. as co-counsel and expert
  • Counsel services in arbitration-related state court proceedings, including representation during annulment and enforcement proceedings.
  • Arbitrator services as co-arbitrator, sole arbitrator and chair of the tribunal

If you have questions about commercial arbitration or if you are facing a dispute that you believe could be resolved through arbitration, please get in touch. We are also experienced lecturers in the field and are more than happy to provide your inhouse team with general briefings or trainings.

Experts

Our experts for all commercial arbitration matters stand ready to assist you.

Philipp K. Wagner

Philipp brings a wealth of experience and a personal touch to the world of dispute resolution and business law as counsel, arbitrator, mediator and advisor with a particular focus on commercial and corporate law.

Joseph Schwartz

Next to his legal and economic expertise, Joseph has a strong passion and understanding for technology, which includes IT, technical and construction/engineering matters, which he regularly uses as arbitrator, party counsel and advisor.

Julian Bickmann

Julian specializes in complex commercial arbitration and litigation and in corporate law. Julian leads our Brazilian Desk for cross-border disputes and market entries.

Petrit Elshani

Petrit is a Kosovo-admitted attorney. He specializes in all matters of investment arbitration and international commercial arbitration, and advises on all Kosovo-related legal matters.

Florian Dupuy

Florian advises clients in all matters of international arbitration and public international law. As the head of the firm’s investment arbitration practice, he has represented both States and investors in high-stakes disputes.

Laura Halonen

Laura is an English solicitor with 20 years of experience in high-stake investor-state and in international commercial arbitration cases. She acts as counsel and arbitrator under a range of rules and national laws and is on the ICSID list of conciliators.

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Selected Cases

Here are some of our most relevant engagements

Party representation in DIS Arbitration Proceedings
Representation of a German manufacturer of dietary supplements in a dispute with an Arabic distributor (DIS Arbitration)
Advice regarding potential CI-MAC arbitration
Successfully advising a client in a cryptocurrency/blockchain dispute, including preparation of arbitration proceedings (CI-MAC Arbitration)
Enforcement of an ICC Award rendered in Asia
Representing an Asian company in German court proceedings seeking the enforcement of an ICC award
Party counsel in an international shareholder dispute (ICC Arbitration)
Representing a Luxemburg investment company shareholder in a shareholder dispute, including emergency arbitration and successful settlement
Party counsel in DIS arbitration
Representing a Mexican commercial agent in a dispute with a German food manufacturing company (DIS Arbitration)
Successful settlement of a EUR 190m ICC Arbitration
Successfully representing a Polish party in arbitration proceedings and in out-of-court negotiations in connection with a post-M&A dispute involving a volume of over EUR 190 million

Investment Arbitration

Investment arbitration is a form of international dispute resolution between a private investor and a foreign Government. Sovereign States agree through so-called investment treaties or other instruments (such as contracts or domestic laws) to protect investments made by covered investors in their territory. Those instruments typically grant investors the possibility to bring claims for breaches against their investment before an independent, international arbitral tribunal.

Our Experience

Our firm has extensive experience in this area of law, having represented both investors and States in complex, high-stakes and high-profile disputes across a range of industries. In recent years, we have been instructed by the Government of Kosovo in multiple investor-State matters, and have represented investors in proceedings involving China, Latvia, and Albania.

We are also experienced in providing strategic pre-arbitration and post-arbitration legal advice as well as representation in ancillary court proceedings. Particularly, this includes proceedings on the enforcement of arbitral awards, and interim relief proceedings.

Our Offer

Our services in investment arbitration include:

  • Pre-arbitral legal advice, such as preparation of legal opinions
  • Coordination with third party funders (if required)
  • Representation in arbitral proceedings
  • Ancillary counselling services on investment law and relevant national laws in investor-State disputes, e.g. as co-counsel and expert
  • Counsel services in arbitration-related state court proceedings, including representation during annulment and enforcement proceedings
  • Arbitrator services as co-arbitrator, sole arbitrator and chair of the tribunal

If you have questions about investment arbitration or if you are facing a dispute that you believe could be resolved through arbitration, please get in touch. We are also experienced lecturers in the field and are more than happy to provide your inhouse team with general briefings or trainings.

Experts

Our experts for all investment arbitration matters stand ready to assist you.

Florian Dupuy

Florian advises clients in all matters of international arbitration and public international law. As the head of the firm’s investment arbitration practice, he has represented both States and investors in high-stakes disputes.

Laura Halonen

Laura is an English solicitor with 20 years of experience in high-stake investor-state and in international commercial arbitration cases. She acts as counsel and arbitrator under a range of rules and national laws and is on the ICSID list of conciliators.

Petrit Elshani

Petrit is a Kosovo-admitted attorney. He specializes in all matters of investment arbitration and international commercial arbitration, and advises on all Kosovo-related legal matters.

Philipp K. Wagner

Philipp brings a wealth of experience and a personal touch to the world of dispute resolution and business law as counsel, arbitrator, mediator and advisor with a particular focus on commercial and corporate law.

Julian Bickmann

Julian specializes in complex commercial arbitration and litigation and in corporate law. Julian leads our Brazilian Desk for cross-border disputes and market entries.

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Selected Cases

Here are some of our most relevant engagements

ADVICE TO INVESTORS REGARDING POTENTIAL CLAIMS AGAINST A STATE
Advising Kosovo and Albanian investors in the energy sector with regard to potential international investment law claims against a south-eastern European State
EMS Shipping & Trading GmbH v. Republic of Albania (ICSID Case No. ARB/23/9)
Representing German investor EMS Shipping & Trading GmbH in an ICSID arbitration against the Republic of Albania concerning a port concession dispute
COURT PROCEEDING ON THE ADMISSIBILITY OF AN INTRA-EU INVESTMENT ARBITRATION
Representing German and Swiss investors against a south-western European State in a German court proceeding concerning the admissibility of an intra-EU investment arbitration
PARTY COUNSEL IN UNCITRAL INVESTMENT ARBITRATION
Representing a Swiss energy investor in an UNCITRAL investor-state arbitration against an eastern European State
ADVICE TO A STATE REGARDING POTENTIAL INVESTOR CLAIMS
Advising a south-eastern European State regarding potential investment claims by a foreign energy investor
Enforcement of an ICSID award
Representing a south-eastern European State in German court proceedings seeking the enforcement of an ICSID award

Litigation

Litigation describes the procedure of resolving disputes and other legal matters through national or international court systems. Litigation will often be the default mechanism for conflict resolution, unless the parties agree otherwise, but may be subject to certain subject matter and geographical restrictions and requirements.

Our Experience

Our firm provides litigation services to clients involved in commercial disputes in Germany in all stages of the litigation process, from pre-litigation negotiations through the trial stage to the appeal, including interim procedures. Given our focus on commercial and corporate law and our track record in drafting commercial contracts and assisting in business transactions, we are highly experienced in commercial and corporate disputes involving matters of international sales, distribution, Post M&A, PE & VC, real estate and unfair competition.

Our Offer

Our litigation services include:

  • Pre-litigation legal advice, such as preparation of legal opinions
  • Coordination with third party funders (if required)
  • Representation in court proceedings up to the appeal
  • Enforcement of German court judgements in other jurisdictions and of foreign judgements in Germany
  • Support in front of non-German courts, drawing on our established international network of colleagues in other jurisdictions. Out of court dispute resolution services
  • Expert advice on specific features of international civil procedure, including international service of process

Experts

Our experts for all litigation matters stand ready to assist you.

Joseph Schwartz

Next to his legal and economic expertise, Joseph has a strong passion and understanding for technology, which includes IT, technical and construction/engineering matters, which he regularly uses as arbitrator, party counsel and advisor.

Philipp K. Wagner

Philipp brings a wealth of experience and a personal touch to the world of dispute resolution and business law as counsel, arbitrator, mediator and advisor with a particular focus on commercial and corporate law.

Julian Bickmann

Julian specializes in complex commercial arbitration and litigation and in corporate law. Julian leads our Brazilian Desk for cross-border disputes and market entries.

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Selected Cases

Here are some of our most relevant engagements

Spanish-German distribution dispute
Defending a German company against alleged compensation claims of a Spanish distributor / commercial agent
Out-of-court dispute settlement in a machinery / engineering case
Successful out-of-court settlement of a dispute between a German engineering company and a Swiss company involving issues of contract interpretation, manufacturing and engineering specifications
Domestic real estate dispute
Representation of a large German asset management company on an appeal in a real estate related dispute in Berlin
Defending a former bank manager against liability claims
Representation of a former bank manager against liability claims in the context of the management of non-performing loans
Domestic real estate dispute
Representation of a commercial real estate company against unfounded claims by the real estate agent
INTERNATIONAL COMPANY LAW DISPUTES
Representation of a real estate investor and developer in various shareholder and partnership disputes, including actions for the annulment of shareholder resolutions, removal of directors, exclusion of shareholders, and preliminary relief

Alternative Dispute Resolution

Alternative Dispute Resolution (ADR) refers to methods and processes for resolving legal disputes outside of traditional litigation through the court system and outside of arbitration. ADR methods include a range of different techniques, such as mediation, conciliation, and negotiation, and offer several advantages, including cost savings, quicker resolutions, and more control over the outcome.

Our Experience

We have been assisting our clients as counsel in commercial, corporate, and investor-State disputes through various ADR processes, including negotiation, mediation, conciliation, and expert proceedings. These ADR processes can be ad hoc or conducted under the rules of an institution, such as the ICC, DIS, or ICSID. Our industry experience includes international sales and distribution, real estate, new technologies, banking & finance, and transportation.

One of the partners of the firm, Philipp Wagner, is a certified mediator and regularly serves as mediator with a focus on corporate and commercial conflicts.

Our Offer

Our ADR services include:

  • Identifying possible ADR options for a specific dispute
  • Coordination with third party funders (if required)
  • Representation in ADR processes
  • Advice on available legal remedies when ADR fails
  • Mediator services

 

Experts

Our experts for all ADR matters stand ready to assist you.

Philipp K. Wagner

Philipp brings a wealth of experience and a personal touch to the world of dispute resolution and business law as counsel, arbitrator, mediator and advisor with a particular focus on commercial and corporate law.

Joseph Schwartz

Next to his legal and economic expertise, Joseph has a strong passion and understanding for technology, which includes IT, technical and construction/engineering matters, which he regularly uses as arbitrator, party counsel and advisor.

Florian Dupuy

Florian advises clients in all matters of international arbitration and public international law. As the head of the firm’s investment arbitration practice, he has represented both States and investors in high-stakes disputes.

Laura Halonen

Laura is an English solicitor with 20 years of experience in high-stake investor-state and in international commercial arbitration cases. She acts as counsel and arbitrator under a range of rules and national laws and is on the ICSID list of conciliators.

Julian Bickmann

Julian specializes in complex commercial arbitration and litigation and in corporate law. Julian leads our Brazilian Desk for cross-border disputes and market entries.

Petrit Elshani

Petrit is a Kosovo-admitted attorney. He specializes in all matters of investment arbitration and international commercial arbitration, and advises on all Kosovo-related legal matters.

01  02  03  04  05  06

Selected Cases

Here are some of our most relevant engagements

Representing a director in a dispute with the company.
Representing a director in a dispute with the company.
Party representation in DIS Arbitration Proceedings
Representation of a German manufacturer of dietary supplements in a dispute with an Arabic distributor (DIS Arbitration)
Advice regarding potential CI-MAC arbitration
Successfully advising a client in a cryptocurrency/blockchain dispute, including preparation of arbitration proceedings (CI-MAC Arbitration)
Out-of-court dispute settlement in a machinery / engineering case
Successful out-of-court settlement of a dispute between a German engineering company and a Swiss company involving issues of contract interpretation, manufacturing and engineering specifications
Out-of-court dispute settlement
Advising an African food manufacturing company in a dispute with a German food production and wholesale company regarding the performance of two agreements for the sale of goods
Med-Arb proceedings
Advising a Mexican commercial agent in a multi-stage Med-Arb dispute (DIS) in connection with claims for damages and outstanding commissions against the German principal

International Contracts

Our International Contracts practice includes selected matters of international business law with a focus on commercial and corporate law. Contracts should be concise and comprehensive and as smart and collaborative as possible.

Our Experience

Our firm has nearly 20 years of expertise in international business law, including mergers and acquisitions (M&A), joint ventures, and private equity and venture capital investments. We have particular experience in the real estate and various technology sectors and have represented clients in a wide range of domestic and cross-border transactions through all relevant stages.

We have also been assisting assist our clients in various industries in drafting and negotiating international trade contracts and terms with a special expertise in trade and corporate law, international sales law (CISG) and commercial real estate law.

Our Offer
  • Transactions, joint ventures, and investments: our services in M&A transactions, joint ventures and investments cover all stages of the envisaged transaction. We help in drafting term sheets, carry out and structure due diligence processes, draft relevant contracts and assist in contract negotiations until closing.
  • Trade contracts and terms: we draft international trade contracts and terms under various legal systems and for various industries. Our aim is to make contracts simple and comprehensive and not to overload documents with content that is covered by the applicable law.
  • Corporate law: in addition to our transactional work, we also advise selected clients on a wide range of other international business law issues, including corporate governance, regulatory compliance, and dispute resolution.

We are experienced lecturers in the field and are more than happy to provide your inhouse team with general briefings or trainings.

Experts

Our experts for international business law matters stand ready to assist you.

Philipp K. Wagner

Philipp brings a wealth of experience and a personal touch to the world of dispute resolution and business law as counsel, arbitrator, mediator and advisor with a particular focus on commercial and corporate law.

Joseph Schwartz

Next to his legal and economic expertise, Joseph has a strong passion and understanding for technology, which includes IT, technical and construction/engineering matters, which he regularly uses as arbitrator, party counsel and advisor.

Julian Bickmann

Julian specializes in complex commercial arbitration and litigation and in corporate law. Julian leads our Brazilian Desk for cross-border disputes and market entries.

Florian Dupuy

Florian advises clients in all matters of international arbitration and public international law. As the head of the firm’s investment arbitration practice, he has represented both States and investors in high-stakes disputes.

Petrit Elshani

Petrit is a Kosovo-admitted attorney. He specializes in all matters of investment arbitration and international commercial arbitration, and advises on all Kosovo-related legal matters.

01  02  03  04  05

Selected Cases

Here are some of our most relevant engagements

Spanish-German distribution dispute
Defending a German company against alleged compensation claims of a Spanish distributor / commercial agent
Out-of-court dispute settlement in a machinery / engineering case
Successful out-of-court settlement of a dispute between a German engineering company and a Swiss company involving issues of contract interpretation, manufacturing and engineering specifications
INTERNATIONAL DISTRIBUTION AND COMMERCIAL AGENCY AGREEMENTS
Drafting international distribution and agency agreements
Defending a former bank manager against liability claims
Representation of a former bank manager against liability claims in the context of the management of non-performing loans
Out-of-court settlement in an engineering dispute
Successful out-of-court settlement of a dispute between a German engineering company and a Swedish company involving issues of contract interpretation, manufacturing and engineering specifications
Advising a supplier in the automotive industry regarding long-term delivery contracts (nomination letters)
Advising a Turkish supplier in the automotive industry regarding long-term delivery contracts, hardship situations in the context of delivery-chain disruptions and price fluctuations related to COVID-19 and the war in Ukraine, price adjustment clauses and termination rights

Arbitration

Dispute Resolution

International Contracts