Markus has advised and represented clients in more than 20 international arbitration cases involving mostly Post-M&A disputes as well as disputes arising from license and distribution agreements (in particular in the pharmaceutical industry). Moreover, Markus has experience in handling complex and fact-driven construction disputes involving the construction of power plants or petro-chemical plants.
Markus regularly works for clients from Asia and has a particular expertise in arbitration proceedings in the region (e.g. under the HKIAC or CIETAC Rules).
Given his work background and experience, Markus does not only have a solid grasp of typical issues arising from share purchase, license, or construction agreements. But Markus is also adept at dealing with different legal cultures on the side of the client, the counterparty, and the arbitrators.
Representative Legal Matters
- Convinced a DIS Tribunal that a Taiwanese industrial conglomerate had been defrauded when acquiring a German Mittelstand company. The Tribunal awarded damages for the breach of a financial statements warranty on the basis of a valuation multiple and found that the limitation of liability clause in the share purchase agreement did not limit the client’s damages.
- Currently representing and advising the former seller in a Post-M&A dispute concerning an earn-out mechanism and involving a purchase price claim of more than EUR 100 million. The dispute concerns the typical challenges for a seller who has no control of the company and its books but whose purchase price claim depends on the financial figures of the target company.
- Achieved a 100% victory for a Chinese claimant in an HKIAC arbitration against a customer from Europe. The seat of arbitration was Hong Kong; the law applicable to the contract was Hong Kong law. Several obstacles had to be overcome such as a challenge of the Tribunal’s jurisdiction, parallel state court proceedings in Hong Kong, a joinder application, and a challenge to the Tribunal’s impartiality. In the end, the Tribunal awarded the requested sum in full plus interest and legal costs on an indemnity basis.
- Successfully defended an international pharmaceutical company in a CIETAC arbitration seated in Shanghai against claims filed by the distributor following the termination of the distribution agreement. The arbitration not only involved legal arguments on the question whether the distribution agreement can be terminated without compensation, but also required expert evidence on the res judicata effect of arbitral awards under the Chinese arbitration law.
- Successfully represented a German power plant owner in an ICC arbitration about delayed completion of the power plant with a sum in dispute of more than EUR 1 billion. The contractor raised a counterclaim in an amount of EUR 700 million arguing that the owner disrupted the contractor’s work and that the original EPC contract was frustrated. The tribunal dismissed the counterclaim in its entirety and granted the maximum liquidated damages for delayed completion in favor of the owner.
Professional Associations and Memberships
- DIS 40 - Co-Chair
- International Centre for Dispute Resolution - Young & International (ICDR Y&I) - Member of the Global Advisory Board
- German Institution of Arbitration (DIS) - Member
- Young International Council for Commercial Arbitration - Member
- HKIAC's HK45 - Member
- Germany (2012)
- Regional Court of Mainz (Assessor Exam) (2011)
- King's College London, UK (LL.M.) (2008)
- Johannes Gutenberg University of Mainz (Referendar Exam) (2007)
Co-author, "Germany: Do Arbitration Agreements Cover Cartel Damages Claims?," Global Arbitration News, May 2018
Co-author, "The Prague Rules - Inquisitorial Rules on the Taking of Evidence in International Arbitration," Global Arbitration News, May 2018
Author, "DIS40 Autumn Conference: World Trade and Investment Arbitration - Towards a New Economic World Order?," SchiedsVZ 2018, 32
Speaker, "Debate propositions: ‘Third party funding creates arbitrator conflicts that must be disclosed’ and ‘Only institutions should appoint arbitrators as party appointments imperil legitimacy’," ICDR Y&I Coffee House Debate, Vienna, 25 March 2018
Speaker, "ICDR Y&I and HK45 Fireside Chat," Munich, 28 November 2017