Photo, Brian Gabriel-Oiwoh

Brian Gabriel-Oiwoh

Associate
Baker McKenzie Rechtsanwälte LLP & Co KG

Biography

Brian Gabriel-Oiwoh is an Austrian qualified lawyer with more than five years of experience in domestic and international dispute resolution. He has specific experience in complex arbitration proceedings concerning post-M&A-disputes and joint ventures in various industries and has advised and represented clients under the major arbitration rules (including the Vienna Rules, ICC Rules, LCIA Rules, ICSID Rules and UNCITRAL Rules). Brian has published on a wide range of practical topics and legal areas, including controversial issues of arbitration and corporate law. Brian has also given workshops on arbitration law at different universities. Prior to joining the Vienna office of Baker McKenzie in 2022, he worked for an internationally renowned law firm in Vienna.

Practice Focus

Brian is knowledgeable in multi-jurisdictional dispute resolution, including international commercial and investment arbitration and mediation. He has experience advising and representing clients in energy, commercial, telecommunications and major projects matters. Brian also advises on arbitration aspects in the context of drafting articles of association and private foundation deeds.

Representative Legal Matters

Prior to joining the Firm, Brian

  • Advised a major European construction company in an ICSID arbitration against Germany under the Energy Charter Treaty, arising out of its investments in the renewable energy sector.
  • Advised a major telecoms company in a post-M&A ICC arbitration concerning alleged technical deficiencies.
  • Advised a global energy corporation in a Western Australia-seated arbitration under UNCITRAL Arbitration Rules concerning the construction of a liquefied natural gas project.
  • Advised a Swiss company and its owners in a post-M&A arbitration under the LCIA Rules relating to complex taxation issues, fraud and breaches of representations and warranties.
  • Advised a professional cyclist in a sports arbitration before the UCI Arbitral Board in relation to interpretation issues of an employment contract.
  • Advised Austrian affiliates of a leading corporate and investment bank in a post-M&A arbitration under the Rules of the Permanent Arbitration Tribunal of the Economic Chamber in Vienna relating to representations and warranties in the real estate sector.
  • Advised an Austrian energy supplier in an arbitration administered by the VIAC concerning disclosure requests from a trustee.
  • Advised a leading global car manufacturer in arbitration proceedings against a distributor for allegedly defective and late delivery of vehicles and spare parts.
  • Advised on complex arbitration matters in the context of private foundations.

Professional Associations and Memberships

  • Vienna Bar Association - Member
  • Young Austrian Arbitration Practitioners (YAAP) - Member
  • Austrian Arbitration Association (ArbAut) - Member

Admissions

  • Austria (2022)

Education

  • University of Edinburgh (LL.M. in Commercial Law) (2017)
  • University of Graz (Mag.iur.) (2016)

Languages

  • English
  • German
  • Co-author, "Stifterstreit und Schiedsrecht," Handbuch Gesellschafterstreit, June 2021
  • Co-author, "Privatstiftungen und Schiedsverfahren in Österreich," FS Roderich C. Thümmel, September 2020
  • Co-author, "How COVID-19 shapes the Future of Disputes and Procedures," Corporate Disputes Magazine, Jul-Sept 2020
  • Co-author, "Lessons to be learned on SPA Drafting and Arbitration," Corporate Disputes Magazine, Apr-Jun 2020
  • Co-author, "Artificial Intelligence and new technologies - Are they suitable to address the shortcomings of human arbitrators," AYIA, February 2020
  • Co-author, "The Impact of Achmea on Intra-EU Investment Arbitration: The Status Quo," Corporate Disputes Magazine, Oct-Dec 2019