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

International post M&A-Dispute (ICC Arbitration)
Counsel to a Polish party in ICC arbitration proceedings and out-of-court negotiations in a post-M&A dispute relating to a 190m EUR transaction
Domestic dispute over the invalidity of the arbitration agreement under Sec. 1032 (2) ZPO (Germany)
Counsel to a US-American provider of co-working spaces in an application regarding the invalidity of the arbitration agreement under Sec. 1032 (2) ZPO
International aviation dispute (ICC Arbitration)
Counsel to a Cypriot aircraft owner against the operator in a tax and customs-related dispute (ICC Arbitration)
International dispute over claims relating to a Croatian Port / Shipyard (ICC Arbitration)
Counsel to a German engineering company in a dispute with a Croatian Port / Shipyard Operator in a dispute (ICC Arbitration) relating to commercial, engineering and construction matters
International post-M&A dispute (DIS Arbitration)
Counsel to a wind park project developer in a dispute with the buyer / post-M&A dispute (DIS Arbitration)
International pharma dispute (ICC Arbitration)
Counsel to a pharmaceutical clinical research organization (CRO) in a dispute with their contractor (ICC Arbitration)

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.

01  02  03  04  05

Selected Cases

Here are some of our most relevant engagements

EMS Shipping & Trading GmbH v. Republic of Albania (ICSID Case No. ARB/23/9)
Representation of EMS Shipping & Trading GmbH in an ICSID arbitration against the Republic of Albania in the transportation sector
Court Proceeding On Intra-EU Investment Arbitration Objection
Representation of a group of German and Swiss investors against a South-Western European State in court proceedings seeking a declaration of inadmissibility of intra-EU investment arbitration
UNCITRAL / PCA-administered Investor-State Arbitration
Representation of a Swiss investor in an UNCITRAL / PCA-administered arbitration against an Eastern European State in the energy sector
Pre-Arbitration Advice in Investor-State dispute
Pre-arbitration strategic legal advice to a South-Eastern European Government in a dispute against an Austrian investor in the energy sector
Enforcement of an ICSID award
Representation of a South-Eastern European State in court proceedings seeking the enforcement of an ICSID award
Mabco Constructions S.A. v. Republic of Kosovo
Representation of the Republic of Kosovo in an ICSID arbitration against Mabco Constructions S.A. in the real estate industry

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.

01  02  03

Selected Cases

Here are some of our most relevant engagements

Domestic construction dispute
Representation of a large German asset management company on an appeal in a real estate related dispute in Berlin
Domestic agency dispute
Representation of a commercial real estate company against unfounded claims by the real estate agent
International corporate 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
International liability dispute
Representation of a European state-owned railway company against a German engineer based on joint and several liability
Domestic dispute over customer service fees in the banking industry
Representation of a German bank in a commercial dispute with its customer service provider
International COVID-19-related dispute in the event industry
Representation of a Swiss client against event service providers in the context of cancelled conferences due to COVID-19

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

International post M&A-Dispute (ICC Arbitration)
Counsel to a Polish party in ICC arbitration proceedings and out-of-court negotiations in a post-M&A dispute relating to a 190m EUR transaction
Domestic dispute over the invalidity of the arbitration agreement under Sec. 1032 (2) ZPO (Germany)
Counsel to a US-American provider of co-working spaces in an application regarding the invalidity of the arbitration agreement under Sec. 1032 (2) ZPO
International aviation dispute (ICC Arbitration)
Counsel to a Cypriot aircraft owner against the operator in a tax and customs-related dispute (ICC Arbitration)
International dispute over claims relating to a Croatian Port / Shipyard (ICC Arbitration)
Counsel to a German engineering company in a dispute with a Croatian Port / Shipyard Operator in a dispute (ICC Arbitration) relating to commercial, engineering and construction matters
International post-M&A dispute (DIS Arbitration)
Counsel to a wind park project developer in a dispute with the buyer / post-M&A dispute (DIS Arbitration)
International pharma dispute (ICC Arbitration)
Counsel to a pharmaceutical clinical research organization (CRO) in a dispute with their contractor (ICC Arbitration)

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

International distribution and agency agreements
Preparation of international distribution and sales agent agreements
Cross-border M&A transaction
Representation of the Turkish buyer in a cross-border M&A transaction relating to a German manufacturer of grinding and brushing tools (share deal)
International sales, service and engineering contracts
Continuous negotiation and preparation of international sales and service contracts for pyrolysis machines
Non Performing Loans Aquisition
Assitance of the purchaser of a large non-performing loans portfolio (asset deal)
Conception and preparation of full contractual and legal framework
Conception and preparation of the full contractual and legal framework for an international transaction processing system / transaction service provider
International licensing and distribution agreement
Continuous preparation of international contracts for a German software manufacturer relating to licensing and distribution

Arbitration

Dispute Resolution

International Contracts