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Germany: Arbitration

Germany is home to one of the most sophisticated commercial arbitration bars in the world, and some of the world’s leading experts are to be found here. Our researchers identify the leading arbitrators and counsel based in the country, and in this chapter we list 37 outstanding practitioners.

Three nominees appear from Hogan Lovells. Volker Triebel is of counsel in the Düsseldorf office and is known for his “extensive experience”: he has participated in more than 150 cases as counsel, chairman, sole and co-arbitrator across a range of sectors. Robert Hunter in Frankfurt is a “real specialist” who is recognised for his work as counsel and arbitrator and heads the firm’s investment protection and treaty arbitration sub-practice. In Munich, Karl Pörnbacher is president of the arbitration court of the German-Polish Chamber of Commerce and well regarded by his peers.

CMS Hasche Sigle has two first rate nominees featured in this chapter. Klaus Michael Sachs is “one of the most prominent figures in this field worldwide”. He has more than 25 years of experience in more than 150 arbitral proceedings under various rules, and is internationally recognised through his roles as vice president of the ICC International Court of Arbitration and LCIA. In Cologne, Torsten Lörcher is “a rising star”, recognised for his work as counsel and arbitrator as well as for his corporate advice to clients.

Wolfgang Kühn of Heuking Kühn Lüer Wojtek is “one of the deans of the bar” and recognised for the depth of his experience – he has conducted arbitrations under a range of rules, including ICC, SIAC, DIS and UNCITRAL as well as ad hoc proceedings and those relating to investment treaty and corporate disputes. Also in the Dusseldorf office, Ulrike Gantenberg is “building a first class reputation in this sector”.

At Freshfields Bruckhaus Deringer LLP, Rolf Trittmann is highly commended for his work as counsel and as arbitrator in a range of commercial disputes, and he received votes from sources across the world as well as in Germany. The “excellent” Boris Kasolowsky’s experience encompasses ad hoc, DIS, ICC, ICSID, LCIA, Vienna Rules and UNCITRAL proceedings.

At Haver & Mailänder in Stuttgart, Klaus-Albrecht Gerstenmaier proved popular with our sources – “I’m a big fan of his” said one. He is a lecturer on international arbitration at the University of Konstanz and German member of the ICC Court of Arbitration at the International Chamber of Commerce. Rolf Winkler also scores highly for his national and international arbitration practice, and is “extremely well respected in the market”.

At Gleiss Lutz, Gerhard Wegen is a “legend of the German bar”. Recognised for his “unrivalled corporate expertise”, he also attracted recommendations for his work as arbitrator and counsel in national and ICC arbitration proceedings. Alongside him, Stephan Wilske is a “very strong practitioner”, recognised for his work on a range of disputes relating to projects, M&A and joint ventures.

Daniel Busse heads Allen & Overy’s German dispute resolution practice and scores very highly in our research. He is particularly well known for his expertise relating to corporate and insurance disputes. Jan Schaefer is “extremely well versed in all facets of arbitration”, and has participated in proceedings under ICC, DIS and ICSID rules as well as in ad hoc proceedings under German and Swiss arbitration law.

Two nominees are selected from Hengeler Mueller’s Frankfurt office. Peter Heckel is “first class for all types of dispute resolution”, while Markus Meier was rated as “clearly one of the leading practitioners in this field” by clients.

At Baker & McKenzie in Frankfurt, Joerg Risse is regarded as “the first port of call” for clients looking for representation in arbitrations relating to M&A and infrastructure related disputes. Alongside him, Guenter Pickrahn is an “outstanding disputes practitioner” who is recognised internationally for his litigation and arbitration expertise.

The two name partners from Thümmel Schütze & Partner are selected. Rolf Schütze is “hugely experienced” having been involved as presiding arbitrator, arbitral tribunal member or sole arbitrator in more than 100 predominantly international ad-hoc and institutional cases. Roderich Thümmel is widely recommended for his corporate expertise, and his work as arbitrator is garnering increasing levels of praise.

Karl-Heinz Böckstiegel is “the grand old man of German arbitration” and remains one of the best known and most highly rated practitioners in the field worldwide. Chairman of the board of the German Institution of Arbitration (DIS), he is also a former president of the LCIA and internationally renowned as president of the Iran-United States Claims Tribunal at The Hague.

Richard Kreindler of Shearman & Sterling LLP has handled approximately 160 commercial, investment, construction and infrastructure arbitrations and is “one of the world’s leading players in this sector”. He is also recognised for his expertise relating to the cross-border enforcement of foreign arbitral awards.

Siegfried Elsing of Orrick Hölters & Elsing is internationally known for his arbitration practice. He has served as counsel, party-appointed arbitrator, sole arbitrator or chairman in more than 140 arbitrations, and his designation to serve on the Panel of Conciliators for the Administrative Council of ICSID was recently announced.

Fabian von Schlabrendorff of Clifford Chance in Frankfurt is recognised as “fiercely intelligent and tremendously effective” and garnered multiple votes for the quality of his disputes practice. He was German member of the ICC International Court of Arbitration in 2009.

The “eminent” Hilmar Raeschke-Kessler practises law as a member of the Bar of the German Federal Court of Justice and is recognised as a leading chair, arbitrator and counsel in international and national proceedings relating to M&A, telecommunications, public procurement and international trade.

Jens Bredow at the DIS is “one of the premier authorities on arbitration in Germany” and garnered recommendations from clients and peers around the world.

Klaus Peter Berger is vice president of the DIS and “established as a major figure in German arbitration.” He is based at the University of Cologne, and has acted as chairman, sole arbitrator or member of the tribunal in international ad hoc proceedings, as well as those under ICC, Swiss and LCIA rules.

Stefan Kröll in Cologne is a “very experienced arbitrator” who has presided over more than 35 national and international arbitral proceedings, and his work is “of the highest quality” according to our interviewees.

Patricia Nacimiento joined Norton Rose in Frankfurt in September 2011, and is internationally recognised for her skills in relation to commercial and investor-state arbitration. In 2007, she was appointed by the German government to the panel of arbitrators at ICSID.

Erick Schäfer of Cohausz & Florack in Düsseldorf is very highly regarded and a former counsel at the secretariat of the International Court of Arbitration of the ICC.

Peter Schlosser is based at the University of Munich, and is recognised throughout our international research for his “impeccable track record in this area”.

Inka Hanefeld of Hanefeld Rechtsanwälte in Hamburg is regarded as “very impressive” by her peers. Recognised as both arbitrator and counsel, her expertise in project, trade and post M&A related disputes is “top drawer”.

At Luther Rechtsanwaltsgesellschaft in Hamburg, Richard Happ is “building a fantastic reputation in this field” and is known for his representation of both domestic and international clients.

Klaus Hopt is emeritus professor at the Max Planck Institute in Hamburg and extremely well known for his expertise in corporate and M&A related disputes in particular.

Mathias Habersack at Ludwig Maximilians University Munich is “first class”, recommended by our sources across Germany for the quality of his work in this sector. Reinhold Geimer is also based at the university and similarly renowned as a “perceptive and effective arbitrator”.

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Nominees have been selected based upon comprehensive, independent survey work with both general counsel and private practice lawyers worldwide. Only specialists who have met independent international research criteria are listed.

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