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Photo, Dr. Werner Müller

Dr. Werner Müller

Of Counsel
Baker McKenzie Rechtsanwaltsgesellschaft mbH von Rechtsanwälten und Steuerberatern

Biography

For many years, Dr. Werner Müller was a partner with Baker McKenzie in Frankfurt and the senior partner of the German Dispute Resolution Practice Group. Since July 2012, he has been Of Counsel.

Practice Focus

Starting with his bar admission in 1972, Dr. Müller has worked as a disputes lawyer (litigation and arbitration); in recent years, he has concentrated on acting as arbitrator. Dr. Müller is an active member of an initiative of German industry associations aiming to change German law on general terms and conditions regarding B2B contracts.

Representative Legal Matters

  • Acted as arbitrator in a dispute about repayment of a loan granted by a bank in Germany to a borrower in Ukraine.
  • Counsel for German purchaser of a worldwide production line in an arbitration against the French seller about the contractual net equity guarantee.
  • Arbitrator in a dispute between a German energy trader and a non-German energy supplier (damages after termination).
  • Arbitrator in a post-M&A dispute on the transfer of pension obligations between a DAX 30 company and the non-German seller.
  • Arbitrator in a post-M&A dispute about the value of a business in the area of communications-network.
  • Arbitrator in a dispute regarding whether the gas price in a B2B contract can validly be bound to the general oil price.
  • Arbitrator in a dispute about the compensation for the planning of unrealised renewable energy projects outside Germany.
  • Arbitrator in a dispute about the German supplier's claim against the Indian purchaser with agreed (but not realized) delivery into Africa (place of arbitration: New Delhi).

Professional Associations and Memberships

  • German Bar Association - Member
  • Swiss Arbitration Association - Member
  • German-Brazilian Lawyers' Association - Member
  • German Institution of Arbitration (DIS) - Member

Admissions

  • Germany (1972)

Education

  • University of Munich (1968)
  • University of Geneva (1966)
  • University of Erlangen (1965)

Languages

  • English
  • German
  • Portuguese

Publications and Presentations

Publications

  • Author, "Court Review of General Terms and Conditions in B2B contracts – a general evaluation” IWRZ, August 2018, page 153

  • Author, "Tax Arbitration in Portugal," SchiedsVZ, November/December 2016, page 318

  • Author, "For a less strict court review of general terms and conditions in B2B contracts: The example of lease contracts for business space," NZM, March 2016, page 185

  • Author, "Review of General Terms and Conditions in B2B Contracts – Comparing Different Jurisdictions," Betriebs-Berater, September 2012, page 2319

  • Author, "For a Reduced Control of Standard Conditions in B2B Contracts," Betriebs-Berater, December 2009, page 2658

  • Author, "Inclusion of Third Parties in Arbitration," SchiedsVZ, May/June 2007, page 113

Geschäftsführer: Dr. Matthias Scholz, Dr. Thomas Schänzle, Dr. Christian Vocke
Baker McKenzie Rechtsanwaltsgesellschaft mbH von Rechtsanwälten und Steuerberatern is registered with the Local Court of Frankfurt/Main (registered seat) HRB 123975. It is associated with Baker & McKenzie International, a Verein organized under the laws of Switzerland.