!Экзамент зачет учебный год 2023-2024 / Amy C Kläsener - The Guide to M_A Arbitration

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The Contributing Authors

Wolfgang Peter

Peter & Kim

Dr Wolfgang Peter is a name partner of Peter & Kim, a specialist dispute resolution practice established in 2020, and is based in the Geneva, Switzerland, office. Dr Peter is recognised by clients and peers alike as one of the most in-demand counsels and arbitrators in Europe and globally. Prior to his new venture, Dr Peter founded Python & Peter in 1982, where he headed the arbitration group, and was chief executive officer of two luxury watch manufacturers for 12 years. Before focusing his practice on international arbitration in 2001, he gained extensive experience as an M&A practitioner advising on some 70 substantial transactions. Dr Peter is currently particularly active in cases involving complex issues of valuation, including post-M&A disputes, shareholder disputes, joint ventures and projects stemming from the energy sector – especially oil and gas – and heavy industry. In recent years, he has been involved in numerous arbitrations stemming from transactions in the Asia-Pacific region.

Dr Peter regularly advises on contentious matters and contract renegotiations. He is also instructed by third-party funders to evaluate the merits of claims, especially with regard to damages. An active speaker and contributor to the arbitration community at large, he is a member of the LCIA board of directors and of the ASA board.

Stefan Riegler

Wolf Theiss

Stefan Riegler is a member of the dispute resolution team and heads the arbitration practice. Stefan specialises in advising companies on commercial disputes, especially in the energy, construction and infrastructure sectors; he is also experienced in handling corporate, post-M&A and banking disputes. Stefan has acted as counsel and arbitrator under major arbitration rules, such as the ICC, DIS and Vienna Rules, as well as in ad hoc arbitration proceedings. In addition, he advises on private enforcement issues. Stefan is a member of the board of the Austrian Arbitration Association, the ICC Commission on Arbitration and various other international arbitration organisations, and is the author of numerous articles and publications on arbitration.

Michael Rohls

Freshfields Bruckhaus Deringer LLP

Dr Michael Rohls is office managing partner of the Munich office of Freshfields Bruckhaus Deringer and a member of its dispute resolution group.He studied in Frankfurt,Berkeley and London, and has a Dr iur from the University of Frankfurt and an LLM from the University of California at Berkeley. Michael joined Freshfields Bruckhaus Deringer as Rechtsanwalt in 2002 in Frankfurt and moved to Munich in 2011. Michael’s work focuses on three areas: (1) international post-M&A disputes (ICC, DIS, LCIA and others) and portfolio work, mainly for global financial investors/private equity companies; (2) financial institutions disputes (e.g., BayernLB v. HETA re repayment of loans in an amount of €8 billion, Clerical Medical/ ScottishWidows against one of the largest German mass claims, defence of banks in the Causa Salzburg, defence of mis-selling claims in connection with swaps and derivatives, and defence

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against damages claims in connection with alleged LIBOR manipulations); and (3) defence of national and international collective redress claims.

Patrick Rohn

Thouvenin Rechtsanwälte KLG

Dr Patrick Rohn specialises in domestic and international commercial litigation and arbitration, with a particular focus on disputes relating to distribution, licensing, unfair competition and corporate transactions and relations. Patrick has advised and acted as counsel in international arbitrations under the ICC, WIPO, UNCITRAL and Swiss Rules for companies from various sectors, including the pharmaceutical, biotech, medical devices, technology and trade sectors. He frequently represents parties in complex contractual, corporate disputes (including M&A, joint venture and insolvency-related matters), and he has considerable expertise related to cross-border asset tracing and recovery, and the enforcement of foreign judgments and arbitral awards. The Legal 500 EMEA recommends Patrick for litigation (‘brilliant mind’; ‘exceptional analyst and tactician’) and Who’s Who Legal: Litigation 2019 recognises Patrick for his work as a ‘Future Leader’ in the partner category (‘strong analytical and strategic skills’;‘very thorough indeed and has a complete grasp of the law involved’). Leaders League recommends Patrick for both commercial litigation and international arbitration. Patrick is also listed by the International Distribution Institute and the Swiss Chambers’ Arbitration Institution as an arbitrator with specific experience in the field of distribution (IDArb list of specialised arbitrators).

Marcin Rudnik

Wolf Theiss

Marcin Rudnik is a senior associate and a member of the dispute resolution, competition and antitrust, and real estate and public procurement practice groups of Wolf Theiss in Poland. He focuses on advising and representing clients in civil, administrative, insolvency and arbitration proceedings regarding construction contracts, real estate, corporate/M&A and competition law. He has participated in numerous arbitration proceedings before both Polish and international arbitration courts. He also advises clients on construction and development matters, including FIDIC contracts, as well on the leasing of commercial and industrial premises.

Marcin studied law at the universities of Gdańsk and Toruń, and the University of Regensburg, Germany, and was awarded an LLM degree. He also completed the English and European law school organised in cooperation with the University of Cambridge. He is admitted to the Polish Bar and speaks Polish, English and German fluently.

Alessandro Scagliarini

Fieldfisher

Alessandro Scagliarini is a junior partner in Fieldfisher’s arbitration and litigation department, and a member of the international arbitration practice group.

Mr Scagliarini is based in Milan,where he practises international arbitration and litigation.

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He has extensive experience in arbitration – both institutional and ad hoc - and litigation concerning M&A, oil and gas, construction and commercial sectors, and has been involved in multimillion-euro litigation cases and arbitrations before Italian courts and several European arbitral institutions,representing both Italian and multinational companies.

He has acted in some headline cases and recently acted for a European state in a complex case involving military supplies.

Anne Véronique Schlaepfer

White & Case SA

Anne Véronique Schlaepfer is a partner in White & Case’s international arbitration practice group and is based in Geneva. She has acted as counsel in more than 100 arbitration proceedings involving, among others, M&A, construction contracts, pharmaceuticals, energy (upstream and downstream), joint venture agreements, sales contracts, collateral management agreements and know-how licence agreements.

She has also served as arbitrator in more than 30 cases and represents parties before Swiss courts in arbitration-related court proceedings, in particular in challenges to arbitral awards.

AnneVéronique is a member of the ICC Executive Board, a vice president of the ICC Court and a member of the LCIA Court. She has been at the forefront of the development of international arbitration in Switzerland, including as chairperson of the arbitration court administering Swiss Rules arbitration (2010-2013), a member of the arbitration committee of the Geneva Chamber of Commerce until 2014 and a member of the working group for the revision of the Swiss Rules (2010-2011).

Kai Schumacher

AlixPartners

Kai Schumacher uses the power of facts and financial analysis to quantify damages in international arbitrations and litigations, to perform forensic investigations, to evaluate assets and businesses, to facilitate M&A transactions and to conduct monitorships. Having led more than 150 engagements with values of up to €170 billion and involving entities from 53 countries, he has successfully advised clients for about two decades. Since 2012, Kai has been one the world’s leading experts in commercial arbitration, according to Who’s Who Legal: Commercial Arbitration, and since 2015 he has been consistently nominated as one of the 10 ‘most highly regarded individuals’ in this field. Kai has received the following references in Who’s Who Legal: Kai is ‘a first-class expert with the ability to convince a tribunal, even in very difficult circumstances’; he has an ‘extremely responsive and proactive approach’, complemented by ‘creative ideas and a great communication style, as well as an excellent business understanding’. Kai holds an MBA from the HEC School of Management in Paris, and is a CPA and CFA.

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The Contributing Authors

Duncan Speller

Wilmer Cutler Pickering Hale and Dorr LLP

Duncan Speller is a partner in Wilmer Cutler Pickering Hale and Dorr LLP’s litigation and controversy department, and a member of the international arbitration practice group. Mr Speller is based in London, where he practises international arbitration and English High Court litigation. Mr Speller is an English barrister with more than 16 years’ experience. He has represented clients in more than 100 institutional and ad hoc arbitrations, sited in both common law and civil law jurisdictions, including England, NewYork, Hong Kong, Singapore, France, Switzerland, Sweden,Austria and Germany.

Mr Speller also has substantial experience of international commercial litigation in both the English Court of Appeal and the Commercial Division and Chancery Division of the High Court. He has particular experience of litigation concerning aviation, oil and gas, insurance and reinsurance, telecommunications, banking and competition law issues. Mr Speller sits as arbitrator and is on the governing body of the Bucharest Court of International Arbitration.

In addition to his work as international arbitration counsel and as arbitrator, Mr Speller is a published author and has taught arbitration law, commercial law and private international law, including at the University of Cambridge and the University of Nottingham. He is co-author of A Practical Guide to International Commercial Arbitration (Sweet & Maxwell 2010, new edition forthcoming shortly), has written the chapter on England and Wales in the International Arbitration Review for the past six years and wrote the chapter on arbitration in England and Wales in one of the leading German publications on international arbitration (Handbuch Internationales Wirtschaftsrecht edited by Kronke, Melis and Kuhn).

Paul Starr

King & Wood Mallesons

Paul Starr is a partner at King &Wood Mallesons. He heads the dispute resolution team and infrastructure team in Hong Kong. He has substantial arbitration experience around the world. He is an accredited arbitrator/mediator with HKIAC and KLRCA, and arbitrator with CIETAC, SHIAC, SCIA. Global Arbitration Review cites a client’s praise for Paul as: ‘Simply the best lawyer for dispute resolution in construction and industrials in the East Asia and Pacific region. From the outset he goes straight to the heart of the matter, developing strong, clear lines of argument and identifying and neutralising points of weakness early in the process. He is able to inform and guide preparation of the supporting technical and financial analyses and he is excellent in marshalling the required high-quality technical resources, both in-house in the client and from external sources.’

Huang Tao

King & Wood Mallesons

Huang Tao is the managing partner of the dispute resolution department of King & Wood Mallesons.He has more than 20 years’experience in international commercial and maritime litigation and arbitration. He has represented numerous clients in hundreds of commercial and maritime cases before CIETAC, ICC, LCIA, SCC, HIAC, SIAC and the people’s court

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in China. Cases he has dealt with include cross-border M&A disputes, international trade disputes and foreign investment disputes.

Huang Tao is also a leading Chinese lawyer in the field of commodity arbitrations. Since 2005, he has represented clients in dozens of proceedings at the Federation of Oils, Seeds and Fats Associations Ltd, and the Grain and Feed Trade Association.

Huang Tao has been repeatedly ranked as a ‘Leading Individual’ in China by The Legal 500: Asia Pacific in the field of dispute resolution from 2015 to 2018. He was also recognised as one of China’s Top 15 Litigators in 2017 by Asian Legal Business for his excellent performance and wide recognition by clients.

Thomas H Webster

Law Offices of Thomas Webster

Tom Webster is a lawyer active as an arbitrator, counsel and mediator in international disputes. He has acted as arbitrator in over 150 arbitrations and as counsel in over 75 cases and has also been involved in numerous annulment and enforcement proceedings. His varied arbitrations have been conducted under virtually all major international arbitration rules, at most major places of arbitration and under common and civil law. He is the author of the Handbook of UNCITRAL Arbitration (third edition published in January 2019), the Handbook of ICC Arbitration (fourth edition published in November 2018) and the Handbook of Investment Arbitration.

Tom has a JD from the University of Toronto, an LLM from Cambridge University and a DEA from the University of Paris I (Sorbonne) and is admitted to practise in England, France, the United States (New York) and Canada (Ontario). He is fluent in French and German. Before setting up his independent practice, which he has conducted in Paris and London, he was a partner of a major NewYork law firm.

Paweł Wysocki

Wolf Theiss

Paweł Wysocki is a senior associate and a member of the dispute resolution team. He specialises in advising and representing clients in civil, administrative and arbitration proceedings regarding insurance, construction, product liability and employment, as well as white-collar issues. Paweł’s experience in the product liability area encompasses a variety of cases, including tobacco, pharmaceutical and automotive-related claims.

Prior to joining Wolf Theiss, Paweł worked at other prominent international law firms and at a Big Four accounting and consulting firm in Warsaw. He is admitted to the Polish Bar and speaks Polish and English.

Ariel Ye

King & Wood Mallesons

Ariel Ye is a partner at King &Wood Mallesons. She has over 30 years’ extensive experience in the field of cross-border commercial dispute resolution. In her career, she has successfully handled a great number of complex foreign-related commercial disputes of major importance, especially those involving international arbitration. She has long been recognised as a

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leading expert in PRC-related dispute resolution in the Asia-Pacific region, as well as one of the most currently respected Chinese lawyers in the field of international arbitration.

Ariel Ye also acts as committee member, board member, etc., of several international arbitration institutions, and is perennially invited to speak at large professional conferences of the international arbitration community. Further, she is among the drafting experts of the 2010 IBA Rules on the Taking of Evidence in International Arbitration.

ArielYe has been frequently recognised as a leading lawyer by prestigious legal publications, including Chambers China and Asian Legal Business. In 2012, Ariel Ye was ranked as one of the ‘Top 15 Women Lawyers in China’ and one of the ‘Top 75 Lawyers by Client Choice’ in the Asia-Pacific region by ALB. She was selected as one of the outstanding commercial litigation lawyers in the 2013 edition of Who’s Who Legal’s The International Who’s Who of Business Lawyers. She has represented domestic and foreign clients at China’s CIETAC, and Chinese clients before the SCC, HKIAC,AAA and ICC. She is also listed on the panel of arbitrators of AAA, CIETAC, HKIAC and SIAC. Clients especially appreciate Ariel’s ‘rich local knowledge with world-class excellence’;‘easy communication’; and ‘high efficiency and accurate grasp of problems’.

Alexander Zollner

Wolf  Theiss

Alexander Zollner is a member of the dispute resolution team in Vienna. He focuses on commercial disputes and is particularly experienced in advising clients in corporate, post-M&A and banking disputes. Alexander has handled disputes under the ICC,VIAC, DIS and Swiss Rules, and represented clients before ad hoc tribunals. He also assists in disputes regarding arbitration-related matters before Austrian courts. Prior to joining Wolf Theiss,Alexander worked at theVienna office of a global law firm.Alexander obtained his law degree from the University of Vienna and gained international experience during his studies in Denmark (University of Copenhagen), focusing on international and European law.He is a member of theYoung Austrian Arbitration Practitioners,CEPANI40,DIS40 and ICCYAF, and is the author of several articles on arbitration.

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Appendix 2

Contributors’ Contact Details

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Contributors’ Contact Details

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M&A disputes can be unique in their hostility and complexity. The Guide to M&A Arbitration – published by Global Arbitration Review – is a practical guide intended to provide guidance on what merger parties should think about, when. It pools the wisdom of specialists who describe how to prevent these disputes arising and how best to resolve them when they do. The guide is structured in two sections. Part I consists of eight chapters on planning and procedural issues, covering everything from drafting clauses to how to structure contracts to minimise the potential for disputes. Part II offers a geographical survey of important differences in national laws that may affect the outcome of a dispute. The second edition of this guide is written by 36 specialists from a variety of backgrounds.

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ISBN 978-1-83862-213-8

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