Would you choose German courts for commercial disputes if proceedings were held before specialized chambers in English?
When choosing a forum for dispute resolution, the key factors from a legal advisor’s view are quality, time and costs of proceedings. The quality in dispute settlement does not necessarily mean a positive outcome for the client – which is the goal of course – but rather a transparent and plausible process of decision making by a dispute settlement forum.
Claudia studied law at the University of Cagliari with a specialization in international law and holds an LL.M. degree in International Dispute Resolution from Berlin Humboldt University.
Anna, Claudia, Munique and Thiago, LL.M. graduates in International Dispute Resolution from Humboldt University of Berlin, were interns at WAGNER Arbitration. Upon the conclusion of their internships, they wanted to share their experience and explain what an internship at WagArb looks like.
Insolvency and arbitration have returned on the menu of the international arbitration community. The German Arbitration Institute (DIS), made it the overarching topic of its annual spring conference in Zurich earlier this year, and the DRI, the leading organization of defense attorneys, chose to make it a topic for a panel session at its annual conference in London last week.
Saturday, 12 May
After only a few hours of sleep, we collect our things and get ready to depart from Prishtina for 48 hours. Our first destination is Prevalle, where we are scheduled to give our workshop organized by the KDWV and hosted by ProCredit Bank Kosovo on how to conclude contracts with German business partners for a group of approximately 40 company representatives.
Two weeks ago, four of us went on a trip to Kosovo: Petrit Elshani, doctoral candidate at Berlin Humboldt University and project counsel at the firm; Katharina Meyer, our legal manager; Claudio Kühn, associate specialized in corporate law and venture capital investments; and me, the “old guy”.
Last Thursday, Prof. Stephan Breidenbach gave the Second WAGNER Arbitration Lecture at our office. As the critical and innovative dispute resolution thought leader that he is, the topic of his lecture was „Dispute Resolution 4.0“.
We are pleased to welcome Katharina Seydel as trainee advocate to our team.
WAGNER Arbitration would like to wish a warm welcome to its new trainee advocate: Niklas Luft joins our firm, starting this week.
Since the beginning of this week, we have the pleasure to be joined by two further interns from the IDR LL.M. program of Humboldt University of Berlin: Anna Polubaryeva from Saint Petersburg and Claudia Pillosu from Cagliari will work with us for a month.
Felix Krumbiegel worked with us as part of his Referendariat, the German mandatory two year legal traineeship, last year and has returned to the firm since the beginning of March as a fully-fledged Rechtsanwalt after recently completing the second state examination at the Higher Regional Court of Berlin.
As the end of 2017 is fast approaching, we gathered current and past team members around one table for an end of year Christmas party last week. As everyone has let the impressions of this event sink in, Petrit Elshani has written a few words below sharing his memories of the evening.
This post is based on and derived from an article published in the Journal of the Federal German Bar Association (BRAK-Mitteilungen) in August 2017. As the article is only available in German, we provide an English summary here on our WagArb Journal.
As WagArb continues to grow and attract young lawyers, students and trainees, I find myself often talking – or should I say lecturing? – about the role of the lawyer in today’s professional environment. I have been told by some that I should write this down.
A subject that appears to be of increasing relevance and interest in arbitral practice is the capacity of arbitrators to facilitate settlement negotiations between disputants. Klaus-Peter Berger and Ole Jensen of the University of Cologne have recently published a very passionate article in the Fordham Law Journal on precisely this topic, promoting the idea that it is actually part of the arbitrator’s mandate to assist the parties as settlement facilitator.
Doguhan Uygun is a Turkish qualified lawyer. He studied law in Ankara and Istanbul and is currently an LL.M. candidate in International Dispute Resolution at Humboldt University of Berlin. He has previously worked as an associate for one of the largest law firms in Turkey, gaining experience both in their dispute resolution practice as well as in mergers & acquisitions. By preparing the answers to the Q&A below, Doguhan was kind enough to provide us with a concise and useful overview on Enforcement of Arbitral Awards in Turkey.
We at WAGNER Arbitration have had the pleasure of working together with three visiting lawyers from various jurisdictions in the past months – Ella Wisniewski, Doguhan Uygun and Perttu Kaikkonen – who are all participants of Humboldt-University’s LL.M. program on International Dispute Resolution, as well as a law student of Humboldt University of Berlin – Boyan Arshinkov.
The four of them have taken the time to put together an article reflecting on their experience at the firm, which we are happy to share with you below.
We have the pleasure of introducing Sandra Reinecke, who has joined us as of this month as intern. Sandra is currently a law student at Humboldt University of Berlin and holds a keen interest in arbitration, which is why she has done an internship at the German Institution of Arbitration last year. She has spent a year abroad studying at the University of Geneva, where she had the opportunity to deepen her knowledge in international law.
Ella Wisniewski supported WAGNER Arbitration from March to May 2017. She is admitted to the Supreme Court of Western Australia as a lawyer and currently an LL.M. candidate in International Dispute Resolution at the Humboldt-University of Berlin. As part of her time with the firm, she was kind enough to put together the answers to the questionnaire on behalf of her home jurisdiction – Australia.
Do Bilateral Investment Treaties (BIT) concluded by predecessor federations also bind successor state entities, which seceded from that federation? This is one of the questions at the heart of the currently pending investor-State arbitration between the Republic of Kosovo (Kosovo) and German company ACP Axos Capital GmbH (Axos).
Boyan Arshinkov, whom we have previously introduced, originally comes from Bulgaria and is currently wrapping up his law studies at Berlin Humboldt University. He interned with WAGNER Arbitration between February and April. During his WAGNER Arbitration Internship Program, he prepared this questionnaire with 27 Q&As on the issue of enforcement of awards in Bulgaria.
You have already met Perttu Kaikkonen who was a visiting Finnish lawyer at our firm between March 2017 and April 2017. As part of our WAGNER Arbitration Internship Program, Perttu was so kind to put together a Q&A questionnaire with 30 questions and answers addressing the issue of how to enforce an arbitral award in Finland which you will find below.
Here at WAGNER Arbitration, we are fortunate to have lawyers from many different jurisdictions working with us. In addition to regular staff, we have visiting colleagues from all around the world, most recently from Australia, Bulgaria, Finland and Turkey. To share the benefits of this international legal knowledge, we have devised a questionnaire with various questions on the procedural as well as substantive aspects relating to the enforcement of arbitral awards, which our visiting colleagues have answered.
A week ago, Professor Pierre-Marie Dupuy, public international law scholar, counsel and arbitrator with a significant track-record in investor-state disputes, gave the first WAGNER Arbitration lecture at our office, following this Invitation to the First WAGNER Arbitration Lecture.
We were able to win this high-profiled speaker because of his long-standing connection to the firm: three years ago, his son Florian joined WagArb as of Counsel.
As TTIP was being drafted and deliberated, the idea that investment disputes would be brought before arbitral tribunals triggered a storm of public outcry. Arbitral tribunals were disparaged as secret courts, making judgments in the privacy of luxury hotels.
Alexander Steinbrecher, head of a legal department at a global corporation with branches in over 60 jurisdictions, has joined WagArb in an Of Counsel capacity since the beginning of this month. Alexander is one of the most distinguished in-house counsels for dispute resolution and commercial conflict management in Germany.
John Faulk, founder of Fireside Coaching, has been supporting our team for the past six months with his new “embedded trainer” approach. Once a week, we meet with him in small tandem teams to strengthen and polish our rhetorical skills, focusing on how to present our arguments in an authentic and professional manner with the right degree of power.
Inspired by the #pulseofeurope movement, we at WagArb feel that it is essential and timely to demonstrate our spirit in support of the European project. We feel strongly connected to the European idea, not only because we practice international law, but also because our firm benefits from being comprised of a team of lawyers with diverse backgrounds.
Embracing the concept that our office is more than just a work environment, on a weekly basis we have two recurring firm events: drinks on Wednesday evening and lunch at noon on Friday, whereby we take turns in cooking a meal for the others, preferably from our place of origin.
This week, the Humboldt University of Berlin team for the 24th Vis Moot visited WagArb to practice for the oral hearings in Hong Kong and Vienna. Joseph Schwartz, Petrit Elshani and our newest member, Perttu Kaikkonen, put their arguments to the test and were very impressed!
As part of our WagArb Internship Program, we are very pleased about the arrival of a second intern from the International Dispute Resolution LL.M. of Humboldt University of Berlin – Perttu Kaikkonen. Perttu is a Finnish lawyer and an associate at Nordia Law in Helsinki.
Ella Wisniewski is the first intern from the International Dispute Resolution LL.M. Program of Humboldt University to join the firm. Ella is admitted to the Supreme Court of Western Australia as a lawyer and, before embarking on her academic stay in Berlin, worked for the Environmental Defender’s Office of Western Australia as well as boutique firm Haynes Robinson Lawyers.
Investment Arbitration Update: After the last revision of the ICSID Arbitration Rules in 2005, ICSID is now looking to modernize its arbitration rules once again and invites interested parties to submit amendment suggestions. The revision is said to be needed in order to simplify the dispute settlement procedure and to improve its cost and time effectiveness. For more information, please visit: https://lnkd.in/gaPq2T7