Commercial Arbitration Summit Germany 2020

Venue: Jumeirah Frankfurt, Thurn-und-Taxis-Platz 2, 60313 Frankfurt am Main, Germany

Overview

Undoubtedly arbitration remains an attractive choice for dispute resolution in Germany, and the country is steadily gaining in importance as a place for arbitration. In fact, the current 2018 DIS rules have been drafted with the goal of attracting more international cases. Currently approximately one-third of international arbitrations at the DIS are done in English.

With this in mind, over the past few months a steering committee made up of leading GCs in Germany has been brainstorming the most relevant topics in the German dispute resolution market today. Focusing in particular on arbitration, the committee members have been putting their heads together and have been asking themselves: Does arbitration deliver? What are some of the strategic rationales for initiating arbitration? What about document production for arbitration proceedings in the digital age, or lessons learnt from M&A disputes in arbitration? On 12 February 2020 The Legal 500 Commercial Arbitration Summit Germany is taking place in Jumeriah Frankfurt and will address these questions and many others.

Agenda

Speakers

Anna Bauböck, Editor, The Legal 500 Deutschland

Anna joined the The Legal 500 in 2012 as a researcher/writer for The Legal 500 Deutschland. After researching various practice areas not only in the German but also the US, EMEA and Latin American legal markets – making use of her bilingual German and English as well as advanced Spanish language skills –, she acted as Deputy Editor on the Legal 500 Deutschland for a year before being promoted to Editor of the German-language guide in 2015. Anna has spent a considerable amount of her time visiting firms and gaining extensive market knowledge across all major cities in Germany. Before her career at The Legal 500, she spent some years in academic research: After an initial degree in Anthropology, she continued her academic studies with an MA in Spanish, Portuguese and Latin American Cultural Studies and an MSc in Migration, Mobility and Development. At the same time, she completed internships at NGOs and an international think tank, and worked as a market and policy researcher for a research centre specialising in Japanese clients.

Hans David HAHN, Head of Legal, Compliance & Insurance, AREVA GmbH

Hans David Hahn is an international commercial lawyer working for French-owned nuclear energy company AREVA, which specializes in the construction of nuclear power plants. Educated and trained in Germany and England, Hahn has nine years’ experience working in an international surrounding, including in management and leadership positions. His main area of work currently evolves around contract bidding, drafting and negotiation, which is accompanied by the respective claim management and dispute resolution towards customers, suppliers and business partners (consortium/JV). He has dealt with overarching issues of competition and anti-trust law and has well founded knowledge in questions of IP and liability law, and has a special interest in international commercial arbitration.

James Menz, Attorney-at-Law, Bombardier Transportation

James Menz is a Senior Litigation Expert in Bombardier Transportation’s Global Litigation Group. The group handles the company’s worldwide dispute resolution proceedings. James has some fifteen years of experience with complex cross-border disputes.

He previously practised international arbitration, litigation, and competition law with international law firms in Zurich and New York. His practice focused on complex construction, engineering, and projects disputes, as well as arbitrations in the pharmaceutical and biotechnology sector, and involving distribution and licensing agreements. From 2016-2018, James was Deputy Secretary-General and Head of Case Management at the German Arbitration Institute (DIS), where he supervised hundreds of arbitration and ADR proceedings and served on the drafting committee for the revised 2018 DIS Arbitration Rules.

Jan Heiko Koehlbrandt, Senior Counsel EMEA, Archer Daniels Midland Company (ADM)

Jan Heiko Koehlbrandt, LL.M., is a Senior Counsel EMEA for Archer Daniels Midland Co., one of the world’s largest agricultural processors and food ingredient providers, with approximately 40,000 employees serving customers in nearly 200 countries.

He advises both the food & agricultural processing activities in the EMEA region and the global commodity trading units in all areas of commercial law (incl. M&A and joint venture activities), but with a special focus on dispute resolution, particularly commercial arbitration.

He studied law at the universities of Hamburg (Germany) and Norwich (England) with a focus on international business law. He is admitted to the German bar and has extensive knowledge of and experience in the food, agri-processing and mineral oil industry and the maritime and commodity business, both from the legal and commercial perspective, all of which he has gained through various positions at a major international oil company, a specialized transportation finance bank, a major liner shipping company and law firms in Germany, England and the United States.

He also acts regularly as arbitrator in international commercial disputes under the auspices of various arbitration institutions.

Miranda Mako, Legal Counsel, Mondi Group

Miranda Mako is a quadri-lingual (English, German, French, Hungarian) dual-qualified lawyer (England & Wales and New York) with in-house and private practice experience in both common and civil law jurisdictions. She is a legal counsel for Mondi Group, a global leader in packaging and paper with around 26,000 employees and operations across more than 30 countries. Miranda is a member of a team of legal specialists responsible for engineered materials and consumer flexibles. She advises on cross-border transactions, R&D projects, dispute resolution (arbitration/litigation), data privacy and competition compliance matters. Before joining Mondi Group, Miranda has practised international arbitration at international law firms in London, Paris and Vienna.

Tim Schreiber, Partner, Clifford Chance Deutschland LLP

Tim is a Partner at Clifford Chance’s Munich office. He represents States and private clients in national and international arbitration proceedings, civil litigations, and in expert- and mediation proceedings. Tim frequently advises on M&A- and joint venture related disputes, on litigious energy and engineering matters, and on commercial long-term sales contracts. He acted for clients in more than 50 arbitration cases (ICC, LCIA, VIAC, SCAI, DIS, SCC, HKIAC, and Ad Hoc) and in dozens of civil litigations, injunction proceedings, expert determination proceedings, and mediations.

Tim is an alumnus of the London School of International Arbitration at Queen Mary University of London, a lecturer at Frankfurt University for arbitral law, and a member of the SIAC Users Council Germany. He is a co-author for the Kluwer Arbitration Smart Charts, Country Reports for Germany (since July 2010), and a frequent speaker about arbitration-related topics.

Tim also sits as arbitrator.

Colin McArdle, Senior Account Director, Tikit

Colin joined Tikit in February 2016, and looks after a number of UK Top 50 law Firms and other key European clients alongside the Accountancy and Professional Services sector. He has worked in the Legal Software and Professional Services sector for over 15 years in various senior roles, ranging from Sales to Product and Project Management. He is zealous in ensuring his clients realise benefits by improving their business processes and utilising the latest relevant technologies to the fullest extent.

Daniel Busse, Founder and Partner, Busse Disputes

Dr Daniel Busse, LL.M. (Columbia University) is the name partner of Busse Disputes and one of the leading German experts on arbitration. He has experience with proceedings conducted under all major arbitration rules across a wide variety of industries and jurisdictions. Dr Daniel Busse is listed in all relevant directories in the top band of German arbitration specialists. In Chambers (Global and Europe), Dr Daniel Busse is listed as one of only three German arbitration practitioners placed in “Band 1”. He is also listed in “Band 2” of “Most in Demand Arbitrators” for Germany.

Dr. Michael J.R. Kremer, Head of Litigation & Dispute Resolution, Germany, Clifford Chance

Michael Kremer specialises in commercial arbitration and litigation with a focus on construction and engineering disputes, as well as antitrust (follow-on) litigation.

A key focus of Michael’s work is on construction and engineering contracts and disputes, particularly national and international plant construction projects. Michael advises on all aspects of high-profile construction projects such as the negotiation of the relevant project contracts, the strategy during the construction phase, as well as the representation in the event of disputes between the owner and contractor (mediation, dispute adjudication boards).

Elizabeth Hincapié, Senior Legal Counsel, Leica Camera Group

Elizabeth Hincapié is the senior legal counsel for the Leica Camera Group. The group is an internationally operating, premium-segment manufacturer of high-end cameras and lenses as well as of sport optics products.

Elizabeth looks after all distribution, competition and anti-trust matters within the Leica Group. She represents the group for the settlement of disputes in particular related to the selective distribution system and related to Leica TM. Elizabeth has vast experience in brand and intellectual property protection, in particular in relation to their enforcement in front of European courts. Elizabeth tasks also include the legal assessment of commercial risks associated with export control regulations and the impact of sanctions on existing business relations. Her truly international background and work experiences as well as her language skills allows her to give comprehensive legal support and led to her inclusion in the GC Powerlist Germany in 2019.

Glenn Baumgarten, Legal Strategic Litigation, Deutsche Telekom AG

Glenn is a German qualified lawyer since 2003 (i.e. Rechtsanwalt and Syndikusrechtsanwalt) acting as Senior Counsel at the Group Headquarters’ Legal Department of Deutsche Telekom AG in the area of Strategic Litigation.

He has more than ten years in-house experience in the area of major litigation and arbitration and also served a couple of years as Head of the Supervisory Board Office of the German subsidiaries to Deutsche Telekom AG. Prior to this, he was Senior Associate at a leading international interdisciplinary law firm in Frankfurt. He studied law in Bochum, Münster and London (Master of Laws). Additionally, he acted as academic assistant or trainee lawyer inter alia for the University of Münster, law firm Clifford Chance in Düsseldorf and Hong Kong as well as for law firm HengelerMueller in Düsseldorf. He is author and co-author of several legal publications and speaker on arbitration topics at DIS / DIS40.

Jasmin Kaboni-Voit, Senior Legal Counsel, RWE Supply & Trading GmbH

Jasmin Kaboni-Voit is Senior Legal Counsel in the Legal Department of RWE Supply & Trading GmbH, which is the interface between the RWE Group’s operating companies and global wholesale markets for energy and energy-related raw materials and a leading European energy trading house. Her department i.a. covers the legal advice for Continental Power and the market opening of new jurisdictions. Jasmin worked on large infrastructure projects, covered many other power & gas matters and has extensive experience in the resolution of disputes through litigation and arbitration (both domestic and international) within the energy sector. She leads the “RWE Arbitration Expert Forum” for the entire RWE group where all lawyers covering arbitrations exchange their views and update each other. Furthermore Jasmin is a supervisory board member of a regional utility.

Moritz Keller, Partner, Clifford Chance

Moritz Keller is a disputes partner based in Clifford Chance’s Frankfurt office. He represents clients in commercial litigation and arbitration proceedings as well as in investment arbitration proceedings.

Moritz acts for private individuals, companies and corporates, the public sector and States in arbitration proceedings under the ICSID, ICC, UNCITRAL, DIS, Austrian Chamber and many other arbitration rules.

Many of the proceedings have a focus on Germany, Austria, Switzerland and the CEE or CIS Region. Moritz has dealt with disputes in a number of sectors, most prominently the energy, infrastructure, construction and banking sectors.

While regularly representing clients in post-M&A disputes, clients also often reach out to Moritz because of his in-depth knowledge of the energy, gas or financial markets. In recent years, he has been instructed repeatedly in cases in the pharmaceutical and consumer goods industries.

In his litigation practice, Moritz focuses on complex cross-border disputes and has frequently advised financial institutions in significant landmark cases in the region.

Moritz is a member of the ICC Commission on the Energy and Environment, the ICC Commission on Arbitration and ADR and most recently the Task Force on “Arbitration of Climate Change Related Disputes”. He frequently speaks and lectures on issues of commercial law, public international law and arbitration, in particular as a member of the adjunct faculty of the University of Passau. He has inter alia been recommended as “one of the very best in investment arbitration” (WWL 2019), a “superb counsel” (WWL 2020) with “brilliant cross-examination skills” (JUVE Handbook 2019/2020).

Moritz accepts arbitrator mandates in select cases.

Ramona Schardt, Senior Litigation Counsel, Siemens

Ramona Schardt is senior litigation counsel of Siemens in Munich since 2009. She manages and controls complex legal disputes and proceedings worldwide with major significance for Siemens and advises on all forms of dispute resolution, dispute risk assessment and process strategy development. Before she joined Siemens she worked as (principal) associate at Freshfields Bruckhaus Deringer in Frankfurt a.M. and represented clients in numerous national and international arbitration proceedings and civil litigations.

Sasha Borovik, General Counsel, DataGuard

Sasha Borovik is the General Counsel at DataGuard, a Munich-based legal-tech company that has developed a “privacy-as-software” platform. He previously served as the head lawyer for Microsoft public sector worldwide, where he was the company’s lead legal negotiator with the EU and NATO. He also led the legal department in EMEA at Akamai and is a co-founder of ZAKA, a decentralized digital ID company.

Yasemin Derviscemallioglu, General Counsel, Uberall

Yasemin is a General Counsel for Uberall, a digital location marketing solution; it has over 250 Employees across Berlin, London, Paris, Amsterdam, San Francisco and Cape Town. Responsible for the legal matters of the company. She advises the C-Level management team and keeps direct contact with the global units in all areas of the business providing knowledge in intercompany agreements, IP, licensing, compliance (incl. Data Protection) and dispute resolution, mainly commercial arbitration.

Kai Schumacher, Managing Partner, AlixPartners

Since more than two decades, Kai uses the power of facts and financial analysis to quantify damages in international and investment arbitrations and litigations, to perform forensic investigations and to evaluate assets and businesses. He led more than 150 engagements with values of up to €170 billion and involving entities from 53 different countries.

Kai has been consistently nominated as one of the ten “Most Highly Regarded Individuals”, “Thought Leaders Global Elite” or expert witnesses in commercial arbitration by the ‘International Who’s Who of Commercial Arbitration’ since 2012/13.

Kai studied at the HEC School of Management, Paris, and The Wharton School, Philadelphia, for his MBA (Dean’s List), he holds a CPA designation and CFA certification.

Clemens Vidal, legal counsel, Olympus Europa SE & Co. KG

Clemens Vidal is the legal counsel for Olympus Europa SE & Co. KG since 2018. Since October 2019 He is the Head of Legal and Deputy General Counsel EMEA, which specializes in international projects (Restructuring & Outsourcing) and transactions within the EMEA Region. He has experience as a legal counsel with a demonstrated history of working in the medical device industry. He is skilled in Corporate Law, International Law, Litigation, Legal Advice, and Commercial Arbitration.

Dr Anke Meier, partner, Noerr

Anke Meier, partner in the Frankfurt office of Noerr LLP and co-head of the firmwide litigation, arbitration and ADR Practice, is admitted to practice as an attorney in Germany and New York. She has acted as counsel, or local co-counsel, for international and domestic clients in more than 60 arbitration cases conducted under various arbitration rules as well as in ad hoc arbitration proceedings, including expedited cases and interim measures. Additionally, she serves as party-appointed arbitrator, sole arbitrator or presiding arbitrator on a regular basis. She also advises clients in complex German and US litigation, including the international taking of evidence and in proceedings filed before the domestic courts in connection with arbitration proceedings for recognition/enforcement of awards, jurisdictional disputes and challenges, among other things. Anke Meier has broad experience in commercial and investment arbitration with a particular focus on disputes in the energy sector. Her practice comprises primarily large and complex international cases with a regional focus on the US and Eastern Europe.

Natasha Kuliak Mellersh, Visiting Counsel, Baker Hughes

Natasha specialises in commercial dispute resolution, with a focus on arbitration, mediation and other ADR mechanisms. She was formerly Visiting Counsel, International Litigation, Baker Hughes, a GE Company, where she regularly acted as counsel and managed complex international and large-scale domestic disputes in the energy sector.

Natasha made numerous contributions to the Global Pound Conference (GPC) Series— a series of events championing the future of dispute resolution world-wide, providing strategic planning and guidance to local organisers. She also ran the accompanying publication, the GPC Blog (now the IMI Blog), which provides a platform for discussion for academics, neutrals and practitioners.

Agenda