Fieldfisher

Dispute Resolution

Philipp Duncker is a Partner in Fieldfisher´s Munich office and advises on complex Litigation, particularly before international arbitral tribunals.

He has 15 years of experience in representing his clients' interests before (arbitration) courts and in out-of-court dispute resolution. His philosophy is that the best dispute is the one that can be settled quickly and inexpensively without the involvement of a third party. If formal proceedings are nevertheless necessary, he conducts them efficiently and always with due regard to the economic significance of the dispute.

The main focus of his work is on disputes in the Automotive sector as well as in the Energy sector and in connection with large, international infrastructure projects and in the Insurance sector. For example, he has successfully represented various clients in a number of arbitration proceedings on price revision in long-term gas supply contracts, in supply disputes in the automotive supply industry, in connection with complex infrastructure projects in the offshore wind industry or in the assertion of claims in the Solar sector.

His experience includes arbitrations under the ICC, DIS, LCIA, VIAC, Swiss and UNCITRAL Rules as well as various ad-hoc proceedings. He has conducted disputes in many major arbitration venues around the world on contracts governed by different jurisdictions.

He advises as early as the contract drafting stage in order to draft the appropriate dispute resolution clause. Especially in the supply chain or in complex contractual relationships, the right contractual clause can help to optimise the starting position for a later dispute or prevent it altogether.

If (arbitration) proceedings cannot be avoided, he represents clients in all phases of the dispute, in particular in interim relief for the provisional protection of claims as well as in the recognition and enforcement of judgments and arbitral awards or the defence against them. He is also active as an arbitrator himself and can incorporate this experience into his client work.

In addition, he has many years of experience in the area of corporate disputes, whether between shareholders or in the context of managerial liability. Insurance companies and the interplay between coverage and liability, with which he is well acquainted, often play an important role.

He has experience from hundreds of court cases as well as a large number of arbitration proceedings which he has conducted as party representative. His clients come from all areas of business life - from large corporations and medium-sized companies to private individuals.

JUVE lists him as a frequently recommended lawyer for Dispute Resolution. He is described as:

• • "Creative, good also in out-of-court Dispute Resolution" (client)
  • "Very pleasant, very professional" (competitor)

He advises his clients in German, English and Spanish.

He regularly publishes and speaks on arbitration topics and takes an interest in the Spanish legal market.