Arne Gutermann is a partner in the Trade & Commerce, Dispute Resolution and Corporate/M&A Practice Groups of Baker McKenzie's Brussels office. He leads the Belgian commercial practice and advises on the drafting, negotiating and litigating of a full range of national and cross-border commercial contracts.
Having been a judge in the Brussels commercial court that handles commercial contract disputes for over ten years, he brings extensive experience in and deep understanding of litigation into the drafting process and to the negotiation table.
Mr. Gutermann's primary focus is on commercial intermediary relations. He advises on distributorship and agency contracts, franchising, consultancy, warehousing and commission arrangements. He also works on licensing, joint development, royalty arrangements, logistics, consignment, outsourcing and toll-manufacturing.
Mr. Guternmann also drafts and negotiates corporate transaction documents such as stock purchase, asset purchase and merger agreements, and assists clients in general corporate and business law matters and corporate restructuring transactions.
Representative Legal Matters
- Advised Leroy Somer of the Emerson group on the transfer of all business and assets called "Acer" to ESO Belgium.
- Litigated on behalf of a German utilities company in a major breach of the duty to negotiate in good faith claim raised by a potential contract party.
- Litigated on behalf of a Belgian publicly listed company in a major termination of distributor relationship claim raised by an Italian ex-distributor. The case was ultimately decided by the Supreme Court in favor of the client.
- Recommended Individual for Corporate/M&A in Belgium, European Legal 500, 2012
- Fulbright Fellow, 1987-1988
Professional Associations and Memberships
- Brussels First Instance Commercial Court - Part-time judge, 1997-2009
- ICC arbitration tribunal - Acting president, on two matters dealing with a dispute under Belgian law
- Brussels Bar – Member
- Frankfurt Bar - Member
- Frankfurt/M.~Germany (1995)
- Brussels~Belgium (1990)
- Grannemann & Von Fuerstenberg Institut (1995)
- University of Virginia (LL.M.) (1988)
- Catholic University of Leuven (Law Degree) (1987)