Photo, Dr. Tobias Höfling

Dr. Tobias Höfling

Baker McKenzie Rechtsanwaltsgesellschaft mbH von Rechtsanwälten und Steuerberatern


Dr. Tobias Höfling is a partner in Baker McKenzie’s Dispute Resolution Practice Group. Tobias is a specialist in corporate litigation and has many years of experience in advising shareholders, companies and their boards in corporate law. Tobias represents clients in rescission actions and appraisal proceedings and all other corporate disputes in and out of court. Tobias has also represented clients in major arbitration proceedings involving post-M&A cases and disputes that arose during major infrastructure and construction projects. The Legal 500 and Expert Guides recommend Tobias as a litigation and arbitration practitioner in Germany.

Practice Focus

Tobias advises clients on international arbitration and litigation matters. Tobias has a special expertise in disputes related to major infrastructure projects such as power plants, offshore wind farms and underground gas storages. His second main area of practice are commercial and corporate disputes including appraisal proceedings and actions for annulment of shareholders’ resolutions.

Representative Legal Matters

  • Achieved a 100% victory in an appraisal proceedings (Spruchverfahren) in the first and second instance after Tobias' client concluded a domination, profit and loss transfer agreement.

  • Successfully defended several corporations against various actions for annulment regarding shareholders' resolutions and supervisory board resolutions (Beschlussanfechtungsklagen).

  • Successfully defended a limited liability company against an action for disclosure brought by one of its shareholders.

  • Successfully asserted claims in a preliminary seizure proceedings (Arrestverfahren) against a former managing director of a limited liability company in the amount of approximately EUR 100 million.

  • Successfully defended a company against compensation claims of its former managing director.

  • Convinced an ICC Tribunal in a >EUR 1 billion arbitration regarding the construction of power plant that the Contractor is not entitled to any additional cost claims. Rather, the tribunal awarded Tobias' client damages for the delayed completion of the power plant.

  • Achieved a 100% victory in a >EUR 100 million DIS arbitration regarding the termination of a joint venture in the gas industry.

  • Represented a multinational company in a >EUR 300 million litigation concerning a large manufacturing project of rolling stock.

  • Represents an international financial bank defending against enforcement actions based on a Belgian judgment.

Professional Honors

  • Key Lawyer in Commercial Litigation, The Legal 500 2022
  • Rising Stars in Commercial Arbitration in Germany, Experts Guides 2019/2021


  • Germany (2013)


  • Oberlandesgericht Frankfurt am Main (Assessor Exam) (2013)
  • University of Passau (Dr. iur.) (2012)
  • University of Passau (Referendar Exam) (2010)
  • Monash University (2007)


  • English
  • German

Previous Offices

  • Munich
  • Author, "Zulässigkeit eines digitalen Vertragsdokumentengenerators," - Kommentar zu BGH, Urteil vom 9.9.2021, I ZR 113/20, BB 2021, 2896
  • Author, "Der Zeugenbeistand im Zivilprozess," CCZ 2022, 32
  • Co-author, "Zusammenarbeit von Rechtsanwälten," Beck'schen Rechtsanwalts-Handbuchs, 12th edition, editor Christoph Hamm, 9.11.2021
  • Co-author (with Pia Brandenstein), "Sind Freiverkehrskurse eine taugliche Untergrenze der Barabfindung in Spruchverfahren?," NZG 2021, 18
  • Co-author (with Pia Brandenstein), "Kapitalisierte Ausgleichszahlungen als weitere Untergrenze der Barabfindung beim Squeeze-out einer beherrschten AG," AG 2020, 942
  • Co-author (with Jörg Risse), "Schadensschätzung durch Schiedsgerichte," SchiedsVZ 2020, 73