Find Lawyers in Hamburg, Germany for International Arbitration
Practice Area Overview
International Arbitration is the preferred means for resolving international commercial and investment disputes. As the international commerce and foreign investments expanded, international arbitration has become more and more important. Over the past 30 years the reported cases at the leading arbitral institutions increased between three and five-fold. In addition, new arbitral institutions have been founded. Today, parties in commercial negotiations and transactions devote more attention to the issue of dispute resolution, and often opt for arbitration.
International commercial arbitration is based on party autonomy. In their desire to find a neutral forum and an efficient, economic, enforceable and confidential method to resolve their disputes, the parties agree to submit their disputes to renowned arbitrators by excluding the original competence of state courts. The procedural flexibility and party autonomy allow to adapt the proceedings to specific circumstances and e.g. to provide for remote hearings and a flexible taking of evidence.
Arbitration agreements are backed by international arbitration conventions and by national arbitration legislation (increasingly based on the UNCITRAL Model Law), which establish an arbitration friendly regime. In particular, the New York Convention, signed in June 1958, with currently 168 contracting states provides for the recognition and enforcement of arbitration agreements and international commercial arbitration awards, safeguarding the enforcement in all contracting states.
By agreeing to arbitration the parties retain a high degree of control over the process, select the applicable framework (ad-hoc or institutional arbitration), the applicable procedural and substantive law and may chose arbitrators with particular technical or legal expertise best suited to grasp the intricacies of the particular dispute or the choice of law.
Most lawyers in the field of international arbitration serve as counsel and arbitrators. Arbitration practitioners are used to work in different jurisdictions and on the basis of many different laws. They utilize their unique skill set to bridge cultural gaps and are well versed in industry specific trade customs and procedures. In international arbitrations, practitioners benefit from different language skills. The task as counsel encompass the pre-trial evaluation, the development of conflict resolution strategies and the enforcement of awards. This highly specialized practice area requires vast experience in litigation and arbitration as well as familiarity with alternative dispute resolution tools (e.g. conciliation, mediation, expert determination, dispute boards).
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Dr Justus Jansen (Lawyer of the Year Litigation 2020, Lawyer of the Year Trade Law 2022) is heading the Dispute Resolution practice group at GSK Stockmann since 2014. The team has 23 members and is thus considered one of the largest dispute resolution teams in Germany with widely recognised expertise and track record in commercial, banking & finance, energy, international plant engineering and corporate disputes as well as in post-M&A disputes. In addition, investment protection proce...
Simon Manner specialises in dispute resolution, litigation and arbitration. He assists companies in navigating high-stakes disputes as well as in the drafting, negotiation and execution of complex contracts. Simon Manner has significant experience as counsel and as arbitrator (> 25 arbitrations as president, sole arbitrator and co-arbitrator) in domestic and international arbitrations under various rules (including ICC, DIS, SCC, KCAB, CEAC, GMAA, RUCIP, Hamburg Chamber of Commerce and Ad ...
Jan Erik Spangenberg specialises in dispute resolution, litigation and arbitration. He acts both as counsel and as arbitrator. He assists companies, governments and individuals in navigating complex disputes, in particular international commercial and investment arbitrations. He also advises governments and investors in relation to foreign investments and public international law. Jan Erik Spangenberg has successfully represented clients in many high-stakes arbitrations (including ICC, DIS, S...
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