Sometimes cases define a part of your professional DNA. For me, one of those was the “Smelly Fish Case” which found a good end in 2012.
One day, after lunch, it must have been the year 2010 or earlier, I walk into the office, and our office manager tells me: “there is a young man waiting for you in the conference room. He says you’ve been recommended.”
🗣️ Thank you Stefan 🫶
And what a case it turned out to be: one party from Eastern, the other from Western Europe, an arbitral institution in Paris, a sole arbitrator based in Switzerland, goods from Morocco destined to Russia, an expert from Scandinavia, letter of credit, Incoterms, CISG — and a young lawyer in Berlin.
There were complications throughout the proceeding well into the enforcement phase. I was struggling personally at the time — those who know will remember — and was facing an opposing counsel who had other priorities. When I applied for a second deadline extension, he objected: “not my problem, if Mr. Wagner can’t get his personal matters straight.”
Thankfully, I was working for and with the right people: a kind and understanding client, a mindful arbitrator, an amazing team including Katharina Meyer and at the time very young Felix Lüth who saved me, a mindful duo at the ICC, Gustav Flecke-Giammarco and Alma Forgó, and another duo with the necessary punch in the enforcement phase, Joachim Kuckenburg and Anne Tuennemann.
It became one of my “signature cases” – not only because of the final success after years of hard work, but because it taught me lessons about strategy, human dynamics, and the art of party representation that continue to shape my practice today.
The case even found its way into academia and is now studied by hundreds of students as a case study. Seeing young lawyers dissect it is one of the most rewarding aftereffects of a case that at the time felt like an endless uphill battle.
🙏 My gratitude goes first to my client, for his unshakable trust throughout the long journey, and to my dedicated team at the time, whose tireless efforts turned a “smelly” problem into a lasting professional achievement.
📌 For me, this case underscored important ingredients of the practice of arbitration: resilience, precision, and a belief that persistence pays off.
🔜 Next stop: Reflection #10 – Back to the Future
(📸 Photo shared with the friendly permission of the rest of the family)
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