Franz Kaps

Dr. Franz D. Kaps

Associate
Baker McKenzie Rechtsanwaltsgesellschaft mbH von Rechtsanwälten und Steuerberatern

Biography

Franz D. Kaps is a member of the firm’s German dispute resolution practice group. He pursued his studies in Heidelberg and New Delhi (India), served as a research fellow at the Max Planck Institute, and earned a PhD from the University of Heidelberg. With professional experience at law firms in both Frankfurt and New York, Franz has developed extensive expertise in advising dispute resolution matters. His focus lies particularly on large-volume and complex litigation and arbitration proceedings, as well as compliance issues.

As the first German member of the YSIAC Council, Franz serves as an advisor and organizes events for the Singapore International Arbitration Centre (SIAC).

Franz frequently publishes articles and speaks at conferences and events on arbitration, compliance, and topics related to India. He also holds a teaching position as a lecturer at the Darmstadt University of Applied Sciences, where he teaches courses on Compliance and International Arbitration.

Practice Focus

Franz advises and represents both domestic and international clients from a wide range of industries in complex proceedings before state courts and arbitration tribunals. He specializes in litigation related to construction, automotive, energy, infrastructure, international trade, consumer goods, mechanical engineering, post-M&A disputes, manufacturing, sports, technology, and investor-state arbitration.

He advises clients on India-related issues, sustainable supply chains, supply chain due diligence, various supply chain legislations, ESG compliance, and investigation and compliance matters, including code of conduct, whistleblowing, money laundering, and corruption. Franz regularly represents clients in arbitration proceedings under various institutional arbitration rules, such as the ICC, DIS, LCIA, SCC, and SIAC, as well as in proceedings before state courts.

Representative Legal Matters

  • Various disputes related to renewable energy, particularly concerning wind turbines.
  • Advising on post-M&A arbitration of a listed German technology company.
  • Advising on post-M&A arbitration of a listed German company.
  • Advising on arbitration proceedings of a listed German engineering company related to a production plant.
  • Discovering in a US court proceeding for a listed German steel company.
  • Advising on litigation of a German listed automotive company.
  • Advising on due diligence of an American start-up company.
  • Advising on investor-state arbitration proceeding under the Energy Charter Treaty.
  • Advising a listed company in multi-party arbitration proceedings in the hospitality sector.
  • Advising a German automobile manufacturer in an arbitration proceeding against an Indian company in the field of electric vehicles.
  • Advising an Indian IT company in a dispute regarding outsourcing and data centers.

The above list includes matters completed whilst Franz was in his previous employ.

Professional Associations and Memberships

  • Deutsch-Amerikanische Juristen-Vereinigung e.V.
  • Deutsch-Indische Juristenvereinigung e.V.
  • Deutsch-Singapurische Juristen-Vereinigung e.V.
  • Indo-German Chamber of Commerce
  • DIS40
  • DIS
  • Friedrich-Ebert-Stiftung Alumni
  • HK45
  • ICC Young Arbitrators Forum (YAF)
  • MPI Alumni
  • Rising Arbitrators Initiative (RAI)
  • Young Singapore International Arbitration Centre (YSIAC)
  • Young MCIA

Corporate Responsibility

Franz advises clients and holds lectures and workshops in the areas of sustainable supply chain management and supply chain due diligence, as well as on the topics of Environmental, Social, and Governance (ESG) and Corporate Social Responsibility (CSR).

Admissions

  • Frankfurt/M.~Germany (2020)

Education

  • Heidelberg University (PhD) (2024)
  • Higher Regional Court of Frankfurt (Second State Examination) (2019)
  • Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law (2017)
  • Heidelberg University (First State Examination) (2012)
  • University of Delhi (2009)

Languages

  • English
  • French
  • Italian
  • Portuguese

Publications

  • Author, “German Supply Chain Act (Lieferkettensorgfaltspflichtengesetz) – New standard for human rights and environmental due diligence for global supply chains”, September 2021
  • Author, “The Revised New 2021 ICC Arbitration Rules”, February 2021
  • Author, Human rights and environmental due diligence legislation in Europe - Implications for global supply chains, May 2021
  • Author, “Human Rights Due Diligence Legislation in Europe – Implications for Supply Chains to India and South Asia”, March 2021
  • Author, “Coronavirus: The Second Wave and Force Majeure”, December 2020
  • Author, “The COVID-19 Pandemic and Commercial Contracts”, December 2021