Languages

German, English, French (professional level),Italian (reading and discussion level)

Professional Experience in International Commercial Arbitration (Experience as Chairman / Sole Arbitrator / Co-Arbitrator / Party Representative)

The arbitration experience of Dr. Brödermann concentrates on international investment and trade disputes, including e.g. disputes related to M&A, joint ventures and/or foreign investments:

1983/84:
As foreign associate member of the team of a major Washington law firm acting on behalf of an oil-consortium in an UNCITRAL-arbitration filed before the Iran Claims Tribunal at The Hague, Netherlands (multi billion dollar arbitration involving numerous international public law and comparative law issues)

1990-96:
As associate lawyer assistance to a partner acting as arbitrator (sometimes as umpire) in various ICC arbitration cases, involving e.g. a damage claim as a result of a major foreign investment in Turkey

1996:
Teaching of arbitration law at a Summer school organized in Hamburg, Germany, by a network of European private law firms (on ICC arbitration)

1997:
First appointment as Single Arbitrator in a company law case in Hamburg, Germany, involving German and US shareholders regarding the dissolution and transfer of assets of various companies (settled, value: ca. 300.000 €)

1998:
Lead Counsel in Hamburg, Germany, in an action on the corporate liability of a (British) buyer of shares in a German company (“Target”) which had been previously “infected” with liability claims due to an under evaluation of a company which had been merged into the Target in exchange for the shares (settled, value: ca. 1m €)

1999-2001:
Co-Arbitrator in an ad hoc arbitration on damages in Hannover, Germany, in a case on the somewhat unfortunate development of IT-Chips (settled, value: ca. 0,75m €)

1999-2003:
Counsel in a complex ad hoc arbitration in Hamburg, Germany, on behalf of six clients from five countries against four defendants from two countries (settled, value: ca. 30m €)

2001-2003:
Lead Counsel in a complex ad hoc UNCITRAL-arbitration on violation of a satellite contract in Lausanne, Switzerland on behalf of a French owned client from British West India with management in Asia against a state owned telecommunication company in South Europe involving six legal orders, public international law and the UNIDROIT principles (after two successful awards on the merits - on the ground and on the amount of damages -, settlement at the enforcement level, value: ca. 100m US$)

2003:
Preparation of a DIS – arbitration in Germany on behalf of a client from Jersey, Europe, against a Russian defendant; settled after service of the writ

2003:
Lead counsel in the preparation of an ICC arbitration proceeding in London, Great Britain, concerning the sale of two Russian companies by a US seller to a South European purchaser owned by and managed through a Swiss holding under a purchase agreement containing a choice of English law clause; case settled

2004/2005:
Co-Counsel for strategic advice and coordination of a multiple-arbitration and -litigation case relating to ten jurisdictions in a case concerning foreign investments and assets of a multinational company (multi billion dollar case).

2004/2006:
Counsel in an arbitration in Switzerland under the Swiss Rules of International Arbitration against a state owned company of an Asian state concerning telecommunication and corporate issues (damages of ca. 10m US$)

2004/2006:
European Lead Counsel in an ad hoc arbitration in Switzerland concerning the cooperation of two European Holding Companies for transportation in Africa through local affiliates. The local contracts were governed by local laws whereas the main cooperation agreement was governed by Swiss law. The infringement of the local contracts is to be arbitrated under the main agreement, touching issues of good faith in various legal-systems (value: ca. 6m US$)

2005:
Co-Arbitrator in a DIS arbitration initiated by a Danish public stock corporation against a German company regarding the delivery of spares for certain appliances in rail vehicles and trains (Arbitration Award with agreed wording)

2005/2006:
Co-Arbitrator in a DIS arbitration initiated by a German listed company against its former Swiss service partner regarding the establishing of a sport sponsorship concept (large case)

2005/2006:
Co-Arbitrator in an ad hoc arbitration initiated by a Russian corporation against a Dutch company regarding the costs for the construction of a vessel. Settled by Award on agreed terms

2005/2006:
Co-Arbitrator in an ad hoc arbitration in Germany in an Italian-German case relating to the acquisition of a German investment bank (in the process of settling)

2006:
Co-Counsel in a Ghanaian arbitration procedure

2006:
Co-Arbitrator in an ad hoc arbitration in Germany in an dispute between shareholders regarding the validity of shareholder resolutions

2006/07:
Chairman in an ICC-arbitration (franchise law)

2006/07:
Co-Arbitrator in a Stockholm arbitration under the rules of the Stockholm Chamber of Commerce in a matter concerning supply and delivery in the area of solar energy

2007:
Co-Arbitrator in a DIS Arbitration relating to the sale of a company with polluted real estate among the assets. Settled by Award on agreed terms

2008:
Co-Arbitration in two “ad-hoc”- arbitration proceedings

Professional Experience in China related Matters

Complex international legal issues (trade, conflicts of law, joint ventures, international litigation case management of cases with ties to several legal orders, sometimes in up to three different continents and time zones); including e.g.            representation of several Asian companies and of a German-Asian group of companies in a dispute with a German-American group of companies which was related to five jurisdictions (the major part has been settled in 2004).

Over the years, Dr. Brödermann has also served as team member and later as lead Counsel in a number of transnational acquisitions, mergers and joint ventures in Europe and Asia including e.g. joint ventures in Lithuania, Hong Kong, Korea or Luxemburg.

Professional Experience in Certain Industries

Experience in a great variety of industrial sectors and service industries, including e.g. biotech, energy production (oil, gas, wind park, RME), chemical industry (rubber production), transport (aviation), food production, pharmaceutical industry and cosmetics, logistics, wholesale (e.g. mineral oil, books, lifestyle products), retail (textile), car manufacturing, satellite, IT, banking, insurance.

Education

Studies at the Universities

of Paris V (1980 Licence en droit, 1981 Maîtrise en droit)

Lauréat du Concours Général 1980
Specialisation: Private civil law (including, however, a focus on History of Law in the first year, on Public International Law in the Licence year and on Conflicts of Law and Comparative Law in the Maîtrise year)

Harvard University (Harvard Law School: LL.M. 1983)

Specialisation: Private law (including arbitration and comparative law: Chinese law); Master thesis on Chinese maritime law

Hamburg University (first state exam 1987, Dr. jur. 1994)

Specialisations: Private law, private international and comparative law; doctoral thesis on the impact of European law on private international law (including a discussion of international company law); published in 1994 as volume 57 of the “Beiträge zum ausländischen und internationalen Privatrecht” of the Max-Planck-Institute for foreign and internationalprivate law in Hamburg.

Further Special Information  

N/A

Publications

Numerous articles and contributions to books, including: Chapters on surety/guarantees, settlements agreements, life rent, gambling and betting (§§ 759-779 BGB) in: Prütting/Wegen/Weinreich (editors), BGB-Kommentar 3d edition 2008 (commentary on German Civil Code); Chapter on Ombudsmann-Procedures in Derleder / Knops / Bamberger (editors), Handbuch zum deutschen und europäischen Bankrecht 2nd edition 2009 (Hanbook on German and European Banking Law”; in print); “Betrachtungen zur Arbeit am CFR aus der Sicht eines Stakeholders: Der weite Weg zu einem europäischen Vertragsrecht (on the work of the European Commission on the Common Frame of Reference), ZEuP 2007, 304-323; “The Growing Importance of the UNIDROIT PRINCIPLES in Europe”, Uniform Law Review 2006, 749-770), “Die erweiterten UNIDROIT Principles 2004” (on the new 2004 edition of the UNIDROIT as a useful tool for the drafting of contracts and for arbitration proceedings), RIW 2004, 721-735; "EuGH 09.03.1999 - Centros Ltd. – Anmerkung" (on European Company Law), ZZPInt 1999, vol. 4, p. 259-272; “Misuse of Power by a Private Broadcaster – A European Example -”, in: Holznagel/Möller (Eds.), Media Law in Europe, Baden-Baden, 1995, p. 27 et seq.; Europäisches Gemeinschaftsrecht und Inter­nationales Privatrecht" (on European law and Conflicts of law), Tübingen, 1994; „Das Europäische Gemeinschaftsrecht als Quelle und Schranke des internationalen Privatrechts (Primärrecht, Verordnungen, Richterrecht) (on the impact of European Community law  on German conflict of law), in: Brödermann/Iversen, Europäisches Gemeinschaftsrecht und Internationales Privatrecht, Tübingen 1994;  "Europäisches Gemeinschaftsrecht versus IPR: Einflüsse und Konformitätsgebot" (on European Law versus Private International Law), MDR 1992, 89-95; "Enforcement of American Arbitral Awards in Germany", International Litigation Quarterly (ILQ) 1, 219-239, 1985.

Co-Author:

“Internationales Privat- und Zivilverfahrensrecht” (compendium on conflict of law), co-authored with Joachim Rosengarten), 4^th edition 2007; International Company Law (Vor Art 27 EGBGB, Part B) and various chapters on International Contract Law (Vor Art 27 EGBGB Part A; Art. 27, 28, 31, 32, 35, 36, 37 EGBGB, together with Gerhard Wegen) in Prütting/Wegen/Weinreich (editors), BGB-Kommentar, 3d edition 2008; “Schiedsvereinbarungen” (Arbitration Clauses, together with Eckard von Bodenhausen) in: Redeker (Editor), Handbuch des IT Rechts (Handbook on IT law), Cologne 2005;  „Internationales Privatrecht“ (conflicts of law handbook together with Joachim Rosengarten und Nina Jenke), 3d ed. 2004; "Greece on Course Toward the European Monetary Union", Baden-Baden, 1999; "Die GmbH im Prozeß" (on company litigation), edited by Happ, with seven co-authors), Cologne, 1997; "Der Gläubiger in der Gesamtvollstreckung" (on creditors’ rights in an insolvency proceeding), edited by Happ/Huntemann, with seven co-authors), Berlin, 1996.

Memberships                                   

Memberships: CEAC (Advisory Board); CELA (Chairman); Expert to the European Commission (network of stakeholders within the Common Frame of Reference-project); Hamburg Bar Organization (Member of the Board); Gesellschaft für Rechtsvergleichung (German Comparative Law Society); Hamburg Lawyers Association; Tönissteiner Kreis (economic discussion forum, Member of the Board of the Hamburg Chapter); Harvard Club of Hamburg (President); International Bar Association (Chair, Space Law Committee); American Bar Association (Section of Litigation, Section of International Law & Practice); registered as arbitrator with the Chinese European Arbitration Centre (CEAC), the London Court of International Arbitration (LCIA), the ICAC (Moscow) and the Camber of Commerce of Milan;  German Institute of Arbitration (DIS).