Ein Kernbereich internationaler Wirtschaftstätigkeit ist der grenzüberschreitende Handel. Hierfür gelten bestimmte Regeln, deren Verständnis für eine effektive rechtliche Begleitung des Entrepreneurs unverzichtbar ist. Während beim internationalen Handel der Kauf und Verkauf von Waren und die damit einhergehenden wohlbekannten vertragsrechtlichen und kautelarjuristischen Fragen im Mittelpunkt stehensind die Herausforderungen natürlich viel breiterVersicherungs- und Finanzierungsfragen, Marketing und Kommunikation, Reputation und VertrauenDer Begriff „Commercial“ wiederum geht noch weiter und umfasst, gleich einer großen Klammer, unterschiedliche Formen unternehmerischen Handelns 

Für uns steht “Commercial” in diesem Sinn für das weite Feld des unternehmerischen Schaffens überhaupt. Und dieses Unternehmertum leben wir auch selbst, als wachstumsorientierter Marktteilnehmer. Dies stärkt unsere Neugierde, den wirtschaftlichen Zusammenhang eines jeden Projekts und einer jeder Streitigkeit von Grunde auf zu verstehen und in unseren Lösungen mitzudenken. Unsere langjährige Erfahrung in der Beilegung internationaler Handelsstreitigkeiten in ihren vielen Spielarten, seien diese nun nach UN-Kaufrecht oder aber unter Heranziehung nationaler Zivilgesetzbücher zu lösen, hat uns immer wieder in diesem grundlegenden Ansatz bestärkt. 

Vertragsrechtliche Streitigkeiten in internationalen Handelsverträgen haben oftmals stark sektorspezifische Hintergründe. Nicht selten ist ein solides Verständnis der Abläufe in Produktion und Manufaktur, Qualitätssicherung, Lieferketten, und B2B-Kommunikation zentral, oder auch die technische Funktionalität der vertragsgegenständlichen WarenNicht selten findet sich der Rechtsberater dann an der Schnittstelle unterschiedlicher Branchen und Industrien – durch unsere sektorspezifischen Kenntnisse behalten wir den Blick für das Wesentliche und stellen die richtigen Fragen 

Weitere Einzelheiten zu unseren sektorspezifischen Kompetenzen finden Sie im Rahmen der Vorstellung unserer einzelnen Sektoren und Fachbereiche . 

Lisa Beisteiner
Partner - Wien
Calum Cheyne
Partner - London
Edward W. Floyd
Partner - New York
Timothy S. McGovern
Partner - Chicago
Alfred Siwy
Partner - London, Wien
Damon Thompson
Partner - London
Jody Wood
Partner - London
Luke Zadkovich
Partner - London, New York, Sydney
Gerold Zeiler
Partner - New York, Wien
Lukas Wieser
Counsel - Wien
Zach Barger
Senior Associate - Chicago
Eva-Maria Mayer
Senior Associate - New York
Philip Vagin
Senior Associate - London
Mitchell Beebe
Associate - London
Wafeek Elafifi
Associate - Chicago
Lucy Noble
Associate - London
Karen Tsang
Associate - London
Poppy Watson
Barrister - London
Jakob Reckhenrich
Barrister - London
Augusto Garcia Sanjur
Associate - London
Jakub Mikulski
Paralegal - London
  • Advising an Austrian Gambling Corporation in a personnel restructering process including the negotiations of a social plan and drawing up of a new minimum salary scheme.

  • Assisting an Austrian lottery company in a restructering process including the drafting and negotiation of a social plan.

  • Assessing criminal and civil options, and coordinating an asset seizure search and attach strategy in Mexico for a major case for shipowners pursuing a Chinese mining conglomerate in Mexico. The underlying case involved allegations of cartel cooperation and fraudulent dissipation of assets (USD 2.5 million).

  • Representation of a Southern European logistics company in Vienna-seated arbitration proceedings and settlement negotiations against a German service provider (VIAC).

  • Representatin of a major Korean shipyard in arbitral proceedings against a Dutch shipbuilding conglomerate regarding a share purchase agreement (ICC).

  • Advising an Austrian manufacturer of vehicle lighting systems and electronic components on employment and industrial relations matters, including working time scheme, shop agreements and employee’s IP rights. Representing the company in court proceedings against employees challenging their employment termination (Austrian courts).

  • Supporting a German manufacturer of optical systems and optoelectronics, in employment law matters including the transfer of employee data and the implementation of a home office scheme due to the COVID-19 pandemic.

  • Assisting an international animal welfare organisation with regard to all their Austrian employment law matters.

  • Representing a Viennese university in a court procedure against a researcher (Austrian courts).

  • Assisting a German manufacturer of products from carbon, with regard to the intra group elections of its Societas Europaea works council.

  • Assisting an Austrian manufacturer of industrial rubber and plastic in employment and industrial relations matters, such as the elections of its European Works Council

  • Assisting a German pharmaceutical company with their day-to-day employment matters.

  • Assisting a Swiss pharmaceutical company with regard to all employment law aspects of a transfer of undertaking in Austria.

  • Assisting a U.S. manufacturer of diagnostic healthcare products in employment law matters such as lately reviewing their employee handbook / code of conduct.

  • Supporting a leading global human proteins manufacturer (one of our long-standing clients) in every aspect of their employment and industrial relations issues.
    Representing the company in court proceedings against its works council and individual employees regarding the employee’s classification in the company’s overall salary scheme (Austrian courts).
    Representing the company in court proceedings against its works council with regard to the
    potential change of the current working time schedule in the company’s various production lines(special conciliation board at the Austrian courts).

  • Assisting a multinational plastics company in its day-to-day employment law matters.

  • Assisting a Viennese laboratory with regard to employment law questions including working time schemes under the current COVID situation.

  • Assisting a multinational company in the field of health information and clinical research with the solutions for its various day-to-day employment law issues, including the drafting of the required contracts for its managing directors.

  • Supporting a French multinational manufacturing company with regard to Austrian employment law, such as successfully enforcing post contractual restraint of trade clauses against former employees and the implementation of home office during the COVID-19 situation.

  • Assistance of a multinational supplier in printing and packaging industry regarding a change in the management of the Austrian entity. Representation in the court proceedings against client’s former managing director with regard to his company pensions entitlement (Austrian courts).

  • Representation of a multinational Swiss biopharmaceutical company against the claim of former long-time employee that the termination of her employment relationship was unlawful.

  • Representation of an Austrian pharma company in employment law court procedures against former employees.

  • Supporting a catholic relief, development and social service organisation in their employment matters, including representation in the proceedings against chairman of the client’s works council regarding the termination of his employment contract (Austrian courts).

  • Assisting an Italian multinational pharmaceutical company in employment law matters, such as the arrangement of home office conditions, the termination of employment relationships and the draft of shop agreements.

  • Assisting a world leading coatings company (one of our long-standing clients) in all operative day-to-day employment law, industrial relations and pension issues.

  • Assisting a world leading chemical company (one of our long-standing clients) in all operative day-to-day employment, industrial relations and pension issues. Supporting the company in all employment related aspects of a recent M&A deal (TUPE). Advising on timeline for meeting the information and consultation requirements towards the works council and the protection afforded to employees in the course of a transfer of undertakings situation.

  • Representation of a member of the board in the insolvency procedure of the stock company.

  • Assisting U.S. multinational medical devices and health care company, with their day-to-day employment matters.

  • Assessing the laws on lifting the corporate veil on companies in Mexico for a major shipping demurrage case, where the underlying cargo interests were not in a position to accept delivery and the vessel carrying crude ended up waiting for months before discharge could occur (USD 3+ million).

  • Advising a fertility clinic with regard to their day-to-day employment law matters.

  • Assisting a Swiss multinational pharmaceutical company with all their day-to-day employment law issues.
    Representing the company against a former employee in a court proceeding (Austrian courts).
    Assisting the company with issues involving parental part time arrangements and works-council members, including the adjustment of their contractual roles within the entity.
    Supporting the company to duly conduct their works council elections in 2020 during the COVID pandemic.

  • Supporting an Austrian group in the feed and food safety with regard to the employment aspects of an acquisition of a further group company.

  • Supporting an Austrian wildlife park, with regard to the recall and appointment of its managing directors.

  • Supporting a nursing home in all their day-to-day employment matters.

  • Representing a Dutch manufacturer of printers in a court proceeding against a former employee (Austrian courts).

  • Representing a former board member of an Austrian international gambling company in the negotiations of his separation from the company.

  • Assisting an Italian multinational pharmaceutical company on the employment law aspects of a transfer of undertaking (TUPE).

  • Assisting a globally diversified U.S. conglomerate with regard to Austrian employment law issues during an acquisition of a multinational biopharma business with a subsidiary in Austria.

  • Representation of an Eastern European state in an investment arbitration against a UK company in the health care sector (EUR 30 million, UNCITRAL).

  • Representation of Eastern European state in the Southern District of New York regarding enforcement proceedings arising from an UNCITRAL arbitral award. Successfully obtained attachment of funds deposited with arbitral body.

  • Representaiotn of major turkish conglomerate in pursuit of claims against US manufacturer of heavy equipment for defects and return of deposits, successful defeat of subject matter jurisdiction challenge involving the structural nature of a Turkish A.S. (Anonim Sirket).

  • Obtained sanctions on behalf of a minority shareholder following dismissal of a lawsuit on the basis of res judicata filed against minority shareholders by the directors of the corporation for tortious interference and civil conspiracy in the Circuit Court of Cook County, Illinois.

  • Assisting a Spanish company in the field of in vitro diagnostics with regard to the employment law aspects of an acquisition in Austria.

  • Advising Mexican subsidiary of a major Austrian group in the oil drilling industry on its day-to-day corporate and employment issues, including the drafting and reviewing of master sales agreements that contain provisions stipulating specific timeframes and transportation information for delivery and return of rental equipment, as well as other complex commercial contracts.

  • Representation of an European industry holding company in arbitral proceedings against an Asian industrial group regarding indemnity and warranty claims following an M&A transaction in the paint and coatings industry (EUR 7 million, ICC).

  • Representation European winery against allegations said to sound in breach of contract and unjust enrichment brought by alleged US distributor.

  • Representation of a Singaporean shipping company with its main seat of business in London in enforcement and recognition of foreign award proceedings (USD 5.7 million, Mexican courts).

    Leaders League 2022

    • Alfred Siwy
      Austria: Thought Leader in Arbitration 2020
      "Alfred Siwy "is identified as a "superb counsel" who is "easy to work with" and has "a sharp mind". His expertise lies in commercial and corporate disputes in the competition and consumer protection fields."

    Chambers Global & Chambers Europe 2020

    • Lisa Beisteiner
      Dispute Resolution: Arbitration 2020 - Band 3
      "Lisa Beisteiner represents clients from the energy, retail and telecommunications sectors on corporate and commercial arbitration."

    Benchmark Litigation 2020

    • Lisa Beisteiner
      Dispute Resolution Star (Commercial Arbitration, Energy and Natural Resources, International Arbitration)

    LMG Expert Guides 2019

    • Gerold Zeiler
      Recommended Expert: Commercial Arbitration 2019 – Best of the Best
    • Lisa Beisteiner
      Recommended Expert: Commercial Arbitration 2019
    • Alfred Siwy
      Recommended Expert: Commercial Arbitration 2019
    • Zeiler Floyd Zadkovich
      Tier 5 Firm
      “[The firm] houses thoughtful and creative practitioners, with strong commercial sense.”
    • Zeiler Floyd Zadkovich
      Tier 5 Firm
      “For shipping, the team... is 'knowledgeable, personable and hardworking, with a genuine dedication to its clients, and a commercially astute understanding of their needs'.”

    Chambers Global 2019

    • Gerold Zeiler
      Leading Individual 2019 (Band 1)
      "Gerold Zeiler remains a top-flight practitioner in the arbitration sphere handling investment and commercial cases, most notably in the energy sector." "He is especially intelligent, I would describe him as one of the grands-seigneurs of the arbitration scene in Austria."
    • Alfred Siwy
      "The “excellent“ Alfred Siwy receives plaudits for his “sharp intellect“ and extensive experience acting as counsel in international commercial and investment arbitration."
  • Russian RICO | Case by Case (Ep. 74)

    Russian RICO | Case by Case (Ep. 74)

    As we are watching the breaking late-night US news that the former President, Donald Trump, and 18 others, have been indicted by grand jury with conspiracy under the RICO Act in the state of Georgia, USA – this Case by Case episode (#74) comes at an opportune time.

  • Fresh Quince-of-Bel Care Duties | Case by Case (Ep. 72)

    Fresh Quince-of-Bel Care Duties | Case by Case (Ep. 72)

    With Luke on the move this week, Calum drafted in his compatriot Leo Rees-Murphy to discuss the recent Supreme Court decision in Philipp v Barclays.

  • Refining the Law on Foreign Experts | Case by Case (Ep. 71)

    Refining the Law on Foreign Experts | Case by Case (Ep. 71)

    Case by Case 71 – Refining the law on Foreign Experts

    „This is not a paid commercial… but … TimTams!“

    After the yummy detour, this pod is about a serious arbitration topic.

    The scope of an arbitration agreement. We know it well under English law. Here the question is subject to Iranian law.

  • A case by case of Case by Case: Live in New York | Case by Case (Ep. 67)

    A case by case of Case by Case: Live in New York | Case by Case (Ep. 67)

    Calum and Luke had a lot of fun in NY doing this session in front of key clients last week. Our colleagues‘ heckling notwithstanding. Essentially, we skip through 6 recent English cases from the first half of 2023. Some we’ve done before and some are new. Traversing plenty of territory in the shipping, commodities and insurance space. This pod will give you a good flavour of what’s been going on in the courts.
    And yes, that’s our wacky art wall in the NYC office and not a virtual background…

  • Aussie Gurls v California Gurls | Case by Case (Ep. 63)

    Aussie Gurls v California Gurls | Case by Case (Ep. 63)

    Case by Case – episode 63: Aussie gurls v California gurls
    Katie Perry vs Katy Perry

    Delighted to be joined by Dr Romina Santos Reyftmann on the pod this week. Romina is our Pro Bono Coordinator at Zeiler Floyd Zadkovich. We recorded this episode, „Last Friday Night“ – well kind of.

  • Florida Judges Call Off New York Vacation | Case by Case (Ep. 62)

    Florida Judges Call Off New York Vacation | Case by Case (Ep. 62)

    This week Calum is joined once again by ZFZ senior associate Philip Vagin for a discussion about United States Court of Appeals, Eleventh Circuit case
    Corporacion AIC, SA, Plaintiff-Appellant, v. Hidroelectrica Santa Rita S.A., a Guatemalan company, Defendant-Appellee, No. 20-13039 (11th Cir. 2023).
    Enjoy!
  • The Usual Subjects | Case by Case (Ep. 61)

    The Usual Subjects | Case by Case (Ep. 61)

    This week Luke and Calum are back with a chat about England & Wales Court of Appeal case DHL Project & Chartering Ltd v Gemini Ocean Shipping Co Ltd [2022] EWCA Civ 1555.

  • Snooze, you Lose | Case by Case (Ep. 55)

    Snooze, you Lose | Case by Case (Ep. 55)

    In this week’s episode, Luke and Calum discuss English Commercial Court case Anron Bunkering DMCC v Glencore Energy UK Ltd [2023] EWHC 295 (Comm). Commodity sales contract dispute between buyer and seller. Seller paid significant sums but not the full price. Buyer received those sums and discharged much, but not all, of the cargo.

  • Are Bitcoin Developers Fiduciaries? | Case by Case (Ep. 53)

    Are Bitcoin Developers Fiduciaries? | Case by Case (Ep. 53)

    Do bitcoin developers owe fiduciary duties to users?
    How does the law overlay and cope with a fast developing area of societal life? How should the law regulate the internet?
    These are questions for our time. And questions that will impact the future significantly.
    Absolutely fascinating seeing the English Court of Appeal grapple with these issues on case Tulip Trading Limited (A Seychelles Company) v Bitcoin Association For BSV & Ors [2023] EWCA Civ 83 (03 February 2023) – even if this is only Part 1 in the saga.
  • Liens and losses | Case by Case (Ep. 51)

    Liens and losses | Case by Case (Ep. 51)

    This time, Luke and Calum discuss English Commercial Court case Trafigura v TKK Shipping [2023] EWHC 26 (Comm)!
    The question is all about what „goods lost or damaged“ means in the Article IV, rule 5(a) of the Hague-Visby Rules.
    Does ‚damage‘ mean physical damage ONLY? Or does it include damage through the operation of a lien over the cargo – ie. financial type damage?