I was delighted with the work of the team at Osborne Clarke. They worked tirelessly to achieve a favourable result for our business, and we were indebted to the balance of strong technical knowledge, both of legal and arbitration processes, and tactical acumen that the whole team brought to the table in a complex matter. The team were also a pleasure to work with from start to finish and I would not hesitate to recommend them to others.
Your home-court advantage around the world
Our International Arbitration Team in Germany is by design the most culturally diverse in the market. Our team consists of lawyers qualified in different jurisdictions and fluent in several languages. By coming from different parts of the world and different backgrounds while being firmly anchored in Germany, our lawyers are equally at home with civil, common and international law, as well as attuned to the customs and expectations of international tribunals, opposing parties, their counsel and experts.
For our clients, our multicultural team on the spot is a clear home court advantage around the world. Our clients benefit from this diverse skill-set, trusting us to guide them through all stages of dispute resolution requirements, from selecting and drafting the most appropriate dispute resolution options for contracts, to project managing and presenting their best case in the arbitration proceedings and also conducting and coordinating any arbitration-related litigation such as the challenge or enforcement of arbitral awards in national courts, wherever their dispute or enforcement may be. Beyond our team itself, we work closely with our colleagues in other teams, offices, sector groups and ‘best friend’ firms worldwide, giving us a deep understanding of our clients’ business and the risks that they are facing in any particular environment.
Our team in Germany has long-standing and deep connections to major arbitration institutions, with current positions on the DIS Council, the Commission for International Arbitration of the ICC, and the Executive Committee of the User’s Council of the Mumbai Centre for International Arbitration. Individual team members also have experience as President, co- or sole arbitrator in arbitrations under DIS, ICC and LCIA Rules concerning engineering, construction, energy, manufacturing and intellectual property with seats both in Germany and abroad.
We have substantial experience on and before both international public and private law tribunals under a wide variety of institutional and ad hoc Rules and over a range of different sectors. A representative selection of arbitrations includes:
- Claims arising from the delivery of allegedly defective automotive components (Czech law, English language, German seat, ICC Rules )
- Acting for a food and consumer products retail chain in an ad hoc arbitration regarding claims arising out of the management and/or the liquidation of a (joint venture) company (German law, German seat).
- Claims arising from the failure of an agile software development in the retail sector (German law, English Language, German seat, DIS Rules).
- Post-M&A claims for warranty and earn-out on an SPA in the TMC sector (German law, English language, UK seat)
- Claim under the Energy Charter Treaty arising out of regulatory changes in the renewable energy sector (International law and treaty, English and Spanish languages, ICSID Rules).
- Failure of a high-tech joint development agreement in the energy sector (German law, English language, German seat, DIS Rules).
- Claims relating to a long-term contract in the O&G sector (German law, German language, German seat, DIS Rules)
- Alleged defects in hydro-electric turbines and generators delivered to a project in Latin America (Swiss and local law, English language, Paris seat, ICC Rules).
- Post-M&A claim on tax warranties in an SPA in the retail sector (German law, English language, German seat, DIS Rules)
- Claims for alleged breach of performance warranty of modules in a renewable energy plant in the Australasia region (English law, English language, English seat, ICC Rules)
- Dispute arising on termination of a joint development agreement concerning a medical device in the biotech area (German law, German language, German seat, ICC Rules)
- Claim for wrongful exclusion from participation in the distribution of the proceeds of the winding-up of a trade association in the retail sector (German law, English language, German seat, trade association Rules)
- Ad hoc arbitration concerning share transactions under a master stock-lending agreement (English law, English language, English seat)
Insights
US Supreme Court ends discovery by US courts in aid of foreign arbitration proceedings
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Let's talk disputes (ein Osborne Clarke Podcast) ist kein klassischer Jura-Podcast – wir wollen über den berühmten Tellerrand schauen und mit Menschen sprechen, die einen etwas anderen Blick auf die Dinge haben.
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Webinar: Remote hearings: Tips from Practical Experience (Broadcast in Colombia)
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