The Ill‐fated Termination of Intra‐EU Bilateral Investment Treaties
Michael assists in clients in pre-litigation situations, helping them to develop a true defense strategy, which often leads to early dispute settlements. He acts regularly as lead counsel in arbitrations under the ICC Rules and those of the arbitration associations of Germany, Belgium, Sweden, Austria, Switzerland, and the United States and under the UNCITRAL Rules, ICSID, WIPO (Geneva), and the Court of Arbitration for Sport (Lausanne). He conducts arbitrations throughout Europe, North America, the Middle East, and the Asia-Pacific region in the following fields: civil construction, engineering, supply of industrial equipment, and industrial or power plants (often involving the application of the FIDIC Conditions of Contract, in common, civil, and Islamic law); oil and gas projects; hotel development projects and hotel management contracts; and distribution and license agreements in various sectors, including the chemical, pharmaceutical, food, liquor, and luxury goods industries.
Michael started his career as counsel at the ICC International Court of Arbitration, of which he was the German member (1997-2009). He was co-chair of the Task Force of the ICC Commission on Arbitration on the Revision of the ICC Arbitration Rules (2008-2011) (which led to the adoption of the 2012 ICC Rules of Arbitration, which to date remain the state-of-the-art arbitration rules), and is a member of the ICC Commission on International Arbitration and the IBA, as well as numerous arbitral institutions such as CEPANI, DIS, ASA and DIAC and has been appointed to the Panel of Arbitrators for Singapore International Arbitration Centre, the Korean Commercial Arbitration Board, the Vienna International Arbitration Centre and the Kuala Lumpur Regional Centre for Arbitration.
Michael’s representative experience includes:
Advising the Organization for the Harmonization of Business Law in Africa, OHADA, in reforming its arbitration act and the CCJA Arbitration Rules and creating a mediation act.
Representing a major European natural gas producer in complex multimillion dollar gas price review ICC arbitration proceedings in Geneva under Swiss law brought by a northwest European natural gas buyer under a long-term gas supply agreement.
Representing a major European natural gas producer in relation to a complex multimillion dollar gas price review in an ad hoc arbitration under the UNCITRAL Rules seated in Stockholm under Russian Law brought by an European natural gas buyer under a long term gas supply agreement.
Representing a Turkish franchisee in the quick service restaurant business against a French franchisor in a wrongful termination dispute in an ICC arbitration seated in Paris involving French and Turkish intellectual property and trademark law.
After obtaining an ICC arbitral award, Michael successfully defended a shipbuilder against annulment proceedings before the London High Court brought by the Libyan national maritime authority.
Assisting a prominent African businessman in a case of alleged embezzlement of public funds before the Special Criminal Court as well as the Supreme Court of Cameroon.
Representing the operator of a gas pipeline in a Paris-based ICC arbitration under Swiss law in a dispute with a gas, power, and environmental product marketing and trading company arising out of alleged breaches of contract.
Representing the operator of a gas pipeline in a Milan-based ICC arbitration under Swiss law brought by a consortium of heavy gas consuming manufacturers in a dispute arising out of alleged breaches related to a contract for gas transportation services.
Representing Gazprom Export LLC in relation to US$4 billion gas price review proceedings in a Vienna-based ICC arbitration under Austrian law brought by RWE Transgas the Czech Republic's national importer under a long-term gas supply agreement.
Representing the renewable energy subsidiary of a German company in a Munich-based ICC arbitration under German law in a dispute with a UK engineering company concerning claims for additional costs in the execution of works for an offshore tidal power installation.
Representing the European subsidiary of a Mexican multinational in a dispute with a European construction company over a failed transaction for divesture of assets. The amount in dispute was in excess of USD $200 million.
Representing German and Mexican subsidiaries of a multinational German company in an ICC arbitration commenced against them by a Mexican company for alleged defective products.
Representing a German multinational company in an ICC arbitration commenced against it by a Turkish agent in connection with multimillion claim for unpaid commission fees.
Representing a hydropower generation company in a 20 million ICC mediation and arbitration against an Italian contractor related to a hydropower project in North Africa.
Representing a pharmaceutical company in a US$100 million WIPO arbitration against another pharmaceutical company in connection with the performance of a license agreement.
Representing a German multinational company in an ICC arbitration against a Turkish agent in connection with non-performance of a settlement agreement.
Representing an international hotel management group in an ICC arbitration under French law against a French hotel owner in a dispute over a hotel management contract.Representing a Finnish industrial group in a dispute over the sale of a group of companies to a private investor group from the United Kingdom and France in a Frankfurt-based, ICC arbitration in English, under English and German law.