Joerg Risse hat zusammen mit Matthias Morawietz ein Buch geschrieben. Und was für eins. Es trägt den Titel „Prozessrisikoanalyse“, ist 2017 bei C.H. Beck, MANZ und Helbing Lichtenhahn erschienen und hat 230 Seiten ohne Verzeichnisse.
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.
Mit diesem Schlagwort lässt sich meine Anwaltsstation bei WAGNER Arbitration ganz gut umreißen. Neuland für mich als Greenhorn was anwaltliche Arbeit in der Praxis betrifft, aber auch für die Kanzlei selbst, da es zuvor noch keinen Stationsreferendar gegeben hatte. Ein für beide Seiten spannender Testlauf, der zumindest von meiner Seite aus in Gänze glückte.
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.
Within the framework of our WagArb Internship Program, we would like to extend a warm welcome to our new intern, Doguhan Uygun. Doguhan studied law in Ankara and Istanbul, and he is currently an LL.M. candidate in International Dispute Resolution at Humboldt University.
Die mit dem TTIP verbundenen Pläne, Investitionsstreitigkeiten vor Schiedsgerichten auszutragen, lösten in Teilen der Bevölkerung einen Proteststurm aus. Die Sprache geht von „Geheimgerichten“ bis zu einer „Schattenjustiz in Nobelhotels“, die unter Ausschluss der Öffentlichkeit agiert. Auch die zunächst unnötig strenge Geheimhaltung der Vertragsentwürfe dürfte dieser Auffassung Nährboden bereitet haben.
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.
Claudio Kühn verstärkt uns ab sofort in allen Bereichen des Gesellschaftsrechts, des Kapitalmarktrechts und der Streitbeilegung.
Seine bisherige Erfahrung ist beachtlich: So war er insbesondere als In-House-Counsel eines Rocket Internet Ventures sowie in Wirtschaftskanzleien in Berlin, Hamburg, Düsseldorf, Istanbul und Shanghai tätig.
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
Wir freuen uns, Ihnen und Euch die Ernennung von Joseph Schwartz zum Partner der Kanzlei zum 1. Januar 2017 bekanntzugeben. Gemeinsam mit Florian Dupuy, der seit Ende 2016 auch Mitglied der Berliner Rechtsanwaltskammer ist und seine Tätigkeit als Of Counsel verstärkt hat, blicken wir dankbar auf die letzten Jahre zurück und freuen uns auf die vor uns liegende Zeit.