Franz Kaps

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. Having worked for law firms in Frankfurt and New York, he has gained a wide range of experience in advising on dispute resolution matters, with a particular focus on large-volume and complex litigation and arbitration proceedings, as well as compliance issues. He frequently publishes articles and speaks at conferences and events on arbitration and compliance related topics.

Practice Focus

Franz advises and represents domestic and foreign clients from various industries in complex proceedings before state courts and arbitration tribunals. He specializes in litigation in the areas of 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 and various supply chain legislations, ESG compliance, and investigation & compliance issues (code of conduct, whistleblowing, money laundering, corruption, etc.). He also regularly represents clients in arbitration proceedings under various institutional arbitration rules, such as the ICC, DIS, LCIA and SCC, as well as in proceedings before state courts.

Representative Legal Matters

  • 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

  • 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