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The Firm 

The law firm WAGNER Arbitration has its offices in Berlin and specializes in dispute resolution with a focus on arbitration. In addition, the firm offers comprehensive counseling services related to domestic and international business disputes and transactions.

As a small group of dedicated attorneys, WAGNER Arbitration has been maintaining the highest level of confidential, personal, and solution-oriented counseling since its inception in 2013. As a multilingual team with a worldwide and interdisciplinary network, we handle complex business disputes and transactions and provide comprehensive legal services in English, French and German.

The founder of the firm, Dr. Philipp K. Wagner, also acts as arbitrator and mediator on a regular basis. Since 2014, he has been recommended in the “Best Lawyers in Germany” directory and in the JUVE Handbook German Commercial Law Firms as one of the top arbitration lawyers in Berlin. He was named the Best Lawyers’ 2016 Berlin Arbitration and Mediation “Lawyer of the Year” and has recently been ranked in the “2017 Who’s Who Legal: Arbitration Future Leaders” Analysis.

The firm is also pleased to announce that Dr. Alexander Steinbrecher is strengthening its footprint in ADR as 1 April 2017. He is one of the most distinguished in-house counsels for dispute resolution and commercial conflict management in Germany.

Philipp K. Wagner
Philipp K. Wagner

Philipp K. Wagner

Partner

Career

Philipp is a German Attorney based in Berlin and admitted to the New York Bar. Prior to setting up WAGNER Arbitration, he worked in a medium sized German law firm, for many years as partner. He specializes in dispute resolution with a focus on arbitration and has extensive experience in cross-border disputes and business transactions. He holds an LL.M. degree from Emory Law School Atlanta and a doctorate degree from Rostock University.

Education

Universities of Regensburg and Berlin Humboldt (Law Degree / J.D. equivalent), Emory Law School (LL.M. 2002) and Rostock (Dr. iur. 2008 in the field of international arbitration); clerk and trainee advocate in Berlin and with a leading arbitration practitioner in Paris; licensed mediator (since 2015).

Practice Areas

Dispute resolution with a focus on arbitration as party counsel, arbitrator and mediator; transaction counseling in the field of domestic and cross-border business law, especially commercial and corporate law as well as real estate law.

Experience

  • over 60 arbitrations as party counsel and arbitrator, including ICC, DIS, SCC, UNCITRAL, GMAA, and ad hoc tribunals,
  • over 60 domestic and foreign state court proceedings, and
  • over 90 mostly cross-border transactions and investments in the technology and real estate sector, including legal due diligence and setting up of businesses.

Other activities and publications

Lecturer at Berlin Humboldt University since 2009 in the field of international arbitration and real estate law; Co-author to several commentaries and author to numerous publications in the fields of international business law and arbitration; non-executive member to two German stock listed real estate companies.

Working languages

English · French · German.

Personal

Born 1975 in Munich · raised in Germany, France and the USA.

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Joseph Schwartz
Joseph Schwartz

Joseph Schwartz

Partner

Career

Joseph is a German Attorney and admitted to the Berlin Bar since 2014. Before joining WAGNER Arbitration in 2015, he worked for various domestic and international law firms, i.a. as an Attorney focusing on dispute resolution, litigation and arbitration as well as corporate law. He holds a doctorate degree from Berlin Humboldt University.

Education

Berlin Humboldt University (Law Degree / J.D. equivalent; Dr. iur. 2012 in the field of domestic and international commercial energy law), Bucerius Law School, Hamburg (Program in international business law); clerk trainee advocate in Berlin and Shanghai.

Practice Areas

Litigation and alternative dispute resolution (with a focus on international commercial arbitration); counseling in business law, commercial contract drafting and corporate law; counseling in the technology sector, especially for IT-, CE- and start-up companies.

Experience

  • Participation in various national and international litigation and arbitration proceedings, inter alia as lead counsel and secretary to the arbitral tribunal
  • negotiation and consultation in several extrajudicial (contractual- and shareholder-) disputes
  • drafting and negotiating commercial contracts, start-up consulting

Working languages

English · German.

Personal

Born 1982 · hometown: Bremen · new home: Berlin · Early adopter with comprehension and enthusiasm for technology.

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Claudio Kühn
Claudio Kühn

Claudio Kühn

Associate

Career

Claudio is a German attorney, admitted to the Berlin Bar since 2017. Before joining WAGNER Arbitration, he worked as in-house counsel for a Rocket Internet start-up venture and for law firms in Germany, Turkey and China.

Education

Universities of Mainz, Lausanne and LMU Munich (Law Degree / J.D. equiv); trainee lawyer and clerk with the Higher Regional Court of Berlin and the Federal Foreign Office.

Practice Areas

Advising on all areas of corporate law and finance, in particular venture capital and private equity investments, and acting as party counsel in corporate disputes.

Experience

  • Contract drafting in corporate finance, venture capital and private equity, and M&A transactions
  • Advising and drafting legal opinions on all matters of corporate law
  • In-house counselling in all business law matters, both domestic and international (drafting contracts, setting up companies, compliance, transactions)

Working languages

English · German.

Personal

Born 1985 · Hometown: Wiesbaden.

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Florian Dupuy
Florian Dupuy

Florian Dupuy

Of Counsel

Career

Florian is admitted to the Paris Bar as Avocat à la Cour since 2010. He started his career as an associate in a renowned Geneva based business law firm (2010-2012), and is working with a prominent international arbitrator in Switzerland since 2013. Florian joined WAGNER Arbitration as Of Counsel in 2014. He holds a doctorate degree from Berlin Humboldt University and Université Paris 2 Panthéon-Assas and an LL.M. degree from Berlin Humboldt University.

Education

Legal education at University of Cambridge (UK), Université Paris II Panthéon-Assas, and Humboldt-Universität zu Berlin (LL.M, 2004); Doctorate in international investment law at Université Paris II Panthéon-Assas and Berlin Humboldt University (PhD, 2008); Paris Bar School and traineeship with several international law firms in Paris.

Practice Areas

International arbitration, with a focus on investment treaty arbitration, as counsel and legal expert; legal advice in international, French, and Swiss business law as well as public international law.

Experience

  • Numerous arbitration proceedings as counsel and secretary to the arbitral tribunal (incl. ICC, Swiss Chambers, ICSID, DIS, UNCITRAL, GMAA)
  • Advising clients, including States, on public international law issues
  • Supervising several large scale investment treaty arbitration cases (ICSID, PCA, UNCITRAL) as a clerk for an international arbitrator

Working languages

English · French · German.

Personal

Born 1981 in Paris · raised in France · new home: Berlin.

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Alexander Steinbrecher
Alexander Steinbrecher

Alexander Steinbrecher

Of Counsel

Career

Alexander is one of the most distinguished in-house counsels for dispute resolution and commercial conflict management in Germany, advising a large international enterprise since 2007. He is admitted to the Berlin Bar since 2008 and has extensive experience in managing litigation, arbitration and mediation proceedings in domestic and international business disputes, specializing in international and German commercial law. Alexander holds an LL.M. degree from Tulane Law School and a doctorate degree from the European-University Viadrina in Frankfurt/Oder. He joined WAGNER Arbitration as Of Counsel in 2017.

Education

Universities of Freiburg and Berlin Humboldt (law degree / J.D. equivalent), Tulane Law School (LL.M. 2003) and European-University Viadrina in Frankfurt/Oder (Dr. iur. 2008 on designing conflict management systems for business enterprises); trained mediator in the USA (2003) and Germany (2005); clerk and legal trainee in Berlin; part-time studies in business administration (2011).

Practice Areas

Alternative dispute resolution as party counsel, neutral evaluator, adjudicator and mediator; advising on domestic and international business transactions, notably drafting and negotiating contracts; advising in the selection, design and conduct of dispute resolution processes (including litigation risk analysis); designing and implementing conflict management systems.

Experience

  • Active involvement in domestic and international litigation, numerous arbitration proceedings, neutral evaluations, adjudications, mini-trials and mediations
  • Legal and strategic advice in domestic and international business transactions involving complex commercial, financial and accounting interfaces
  • Drafting and negotiating domestic and international contracts

Other activities and publications

University lecturer on corporate conflict management systems since 2005 and adjunct professor at the Master Program on Mediation and Conflict Management at the European University Viadrina in Frankfurt/Oder; visiting professor for claim management at the summer program in mediation at Bucerius Law School in 2012 und 2013; numerous publications and presentations in the field of alternative dispute resolution, mediation, arbitration and conflict management.

Working languages

English · German.

Personal

Born 1976 – Raised in Germany and the USA.


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Katharina Meyer
Katharina Meyer

Katharina Meyer

Legal Management

Career

Katharina is responsible for Legal Management & Recruiting at WAGNER Arbitration since July 2016. Prior to that, she worked as paralegal in a medium sized German law firm with a focus on Private Equity and Venture Capital (1999-2016).

Education

Training as Qualified Legal Assistant (Rechtsanwaltsfachangestellte), degree as Paralegal (Rechtsfachwirtin), Beuth University of Applied Sciences Berlin.

Practice Areas

Legal Management; Experience in the area of Start-Ups and Investment Agreements, assistance in real estate transactions and arbitration proceedings, interdisciplinary activity involving legal practice, controlling and communication, Human Resources.

Working languages

English · German.

Personal

Born in 1978 · hometown Schwerin · new home: Berlin.


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Services 

WAGNER Arbitration offers comprehensive counseling services relating to the resolution of business disputes through domestic litigation and alternative dispute settlement mechanisms. The firm also provides advice in cross-border transactions with a focus on international and domestic trade and corporate law, as well as international investment law (ICSID) and public international law.

In cases requiring the co-operation of a larger team, WAGNER Arbitration is supported by a well-functioning network consisting of partner law firms and experts domestically and abroad.

Arbitration

  • Pre-arbitral legal advice
  • Counsel services in arbitration 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
  • Arbitrator services as co-arbitrator, sole arbitrator and chairman of the tribunal

Dispute Resolution

  • Out of court dispute resolution services
  • Mediation services as party counsel and mediator
  • Domestic litigation
  • Advisory and client support in foreign state court proceedings
  • Expert advice on specific features of international civil procedure
  • Special expertise in shareholder and other corporate disputes

International Contracts

  • Advice in cross-border transactions and investments, particularly in the real estate and technology sectors
  • Drafting and negotiating international trade contracts and terms
  • Special expertise in trade and corporate law, international sales law (CISG) and commercial real estate law

When will mankind be convinced and agree to settle their difficulties by arbitration?

Benjamin Franklin

Investment arbitration

Not too long ago, conflicts between private investors and states were often resolved through the costly means of naval warfare. Today, arbitration - as a peaceful means of dispute resolution - has largely replaced such so-called “gunboat diplomacy”. This shift has occurred for a reason:

Investor-State arbitration is an efficient and fair international legal procedure available to investors to directly bring a claim against a foreign State on the territory of which they have invested.

Claims may arise from any kind of active or passive adverse State interference and are brought on the basis of bilateral investment treaties (BITs) agreed to between States to provide foreign investors with substantive legal protection.

International investment claims are heard by neutral tribunals composed of competent, highly specialized arbitrators that are freely chosen by the parties and that have the power to issue legally binding awards.

Expertise

WAGNER Arbitration offers services to both investors and States in disputes arising out of investment treaties. Ideally situated in the government district of central Berlin, the firm not only offers exposure to a truly global network of governmental and non-governmental institutions, but it also provides access to build upon its well-established legal, business and governmental relationships.

  • Counsel & Co-Counsel services in investment treaty arbitration proceedings before all major forums (including GMAA, ICSID, ICC, LCIA, SCC, UNICTRAL), with a special focus on emerging markets, advice to both States and investors with respect to negotiation, and counsel in connection with investment treaty and ancillary investment contracts;
  • Expert advice on evaluation of investment treaty arbitration outcomes prior to the commencement of proceedings; and
  • Succinct expert opinions on various legal issues in relation to foreign investment protection mechanisms.

Representative Experience

Dr. Florian Dupuy is the investment law specialist at WAGNER Arbitration. He has gathered considerable practical experience in investment treaty arbitration, in both ICSID and UNCITRAL proceedings, in particular in the context of his practice within the internationally renowned Swiss-based law firm LALIVE. Examples of his work include:

  • Advising an Eastern European Government in a USD 100 million investment dispute brought by United States investors under the ICSID Arbitration Rules concerning the privatization of state assets in the media and tourism sectors.
  • Advising a Fortune 500 company against a South American government in an ICSID arbitration concerning regulatory measures.
  • Advising a West Asian government in annulment proceedings in a large ICSID dispute concerning alleged breaches of international law, including expropriation.
  • Involvement in the preparation of a comprehensive Handbook on investment law for a Central European government, including a thorough analysis of the investment treaty program of the State.
  • Assisting a renowned international arbitrator in several high-profile investment arbitration cases involving Venezuela, Hungary, Algeria and the Slovak Republic.

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Books

  • Co-author on international sales law (CISG) in a German online commentary and a Swiss commentary (Wagner)
  • Co-author of a commentary on the ICC and DIS arbitration rules (Wagner)
  • Doctorate thesis on international investment law (Dupuy), international insolvency law and international arbitration (Wagner) and international energy law (Schwartz)

The Legitimate Expectations of the Parties in International Investment Law and Comparative Contract Law

Contributions

Regular publications and case reports in English and German, in domestic and international journals, in particular in the following areas:

  • International and german commercial arbitration law
  • International investment law and public international law
  • International civil procedure

Lectures and Presentations

  • Regular presentations and speeches in English, French and German on arbitration and other business law related topics
  • Lecturer at Berlin Humboldt University since 2009, currently on international arbitration, as part of the Master’s Program on International Dispute Resolution
  • Regular presentations and workshops on the drafting of written pleadings in international arbitration
  • Involvement as coach, advisor, consultant and sponsor of the annual team representing Berlin Humboldt University at the Willem C. Vis International Commercial Arbitration Moot

For further details on individual publications and presentations, please refer to each lawyer’s profile.