"a key name in the market who is lauded by sources as 'one of the top counsel and arbitrators of his generation'." - Gerold ZeilerWho's Who Legal 2020
Our arbitration practice is the centrepiece of the firm. Arbitration is second nature to us.
We are proud to have built an internationally renowned arbitration practice, whose excellence is widely recognized in a multitude of publications and across many years. Most importantly for us, these accolades reflect our clients’ satisfaction with our work.
Our partners are highly regarded for their leadership and work as arbitration counsel and arbitrators. Combined, they have handled more than 500 arbitrations, including numerous high-profile cases. They know the rules – written and unwritten – of the game. They also know the arbitrators and have acquired a deep knowledge of the inner workings of the major arbitral institutions.
In the European market, our Arbitration group has built, over some thirty years, one of the region’s leading arbitration practices and earned a reputation as a go-to firm in international arbitration, of any type and scale. Underpinning it all is a client-focused, outcome-driven approach. The Arbitration team now has arbitration counsel in London and the US, placing us among the global arbitration powerhouses.
Our partners are leading thinkers in arbitration. As arbitration scholars, they are respected for their academic contributions to shaping the future of this dynamic field of law. Our lawyers have strategic minds with business acumen and a pragmatic approach.
What makes us stand out is our industry knowledge, notably our thorough understanding of the energy, shipping, construction, commodities and insurance sectors. We know how disputes in these sectors are best resolved. That complements a strong track record of resolving post-M&A cases as well as corporate disputes. We also diligently handle your intellectual property and competition law disputes.
With us, your arbitration is in the right hands – in the best hands. We are dedicated to resolving your arbitration dispute. Each dispute is unique. Complex or clear cut – your dispute gets our full commitment.
International commercial arbitration forms the core of our arbitration practice. Our lawyers combine the highest standards of international advocacy with a deeply rooted understanding of the arbitral process and the governing law.
Our partners regularly act as counsel in commercial arbitration proceedings and have handled scores of disputes under all major arbitral rules, (e.g. under the ICC, AAA, LCIA, UNCITRAL, VIAC, DIS, SCC, SCAI, LMAA, SMA, GAFTA, FOSFA, SIAC, MCCI, CIETAC, HKIAC and ACICA rules) as well as in ad-hoc proceedings. Our partners also frequently sit as arbitrators, under the ICC, VIAC, SCAI, SCC, LCIA and DIS rules, as well as on ad-hoc panels. This constant change of perspective from the litigant to the decision-maker profoundly strengthens our counselling practice.
We are or have recently been involved in arbitrations seated in London, Paris, New York, Singapore, Vienna, The Hague, Doha, Zurich, Munich, Bucharest, Moscow and other arbitral seats. Our arbitration practice spans a multitude of applicable substantive laws and our team combines thorough knowledge of both common law and civil law traditions, as well as public international law.
In arbitration, the selection of the right arbitrator is a pivotal step in any arbitration and can be decisive. We use our intimate knowledge of the arbitration market and community to assist our clients in getting this important strategic decision right.
Each arbitration case is unique. We are known for thorough preparation of facts and law for every case we accept. Our clients appreciate our ability to develop a target-oriented case strategy. Our efficient and creative case preparation work, as well as our case presentation skills, combine exceptional advocacy with adept use of modern technology.Back to top
Our team has developed an extensive investment arbitration practice in Central and Eastern Europe and beyond. Our partners have been and currently are involved in some of the region’s high-profile investor-state disputes. Moreover, our team enjoys the unique support of investment arbitration doyen Prof. Christoph Schreuer who acts as Of Counsel of Zeiler Floyd Zadkovich.
Our partners regularly advise both governments and investors on all questions regarding the protection of foreign investments under bilateral and multilateral investment treaties. Our experience includes arbitration under the ICSID Convention, including the Additional Facility Rules, the SCC Rules and the UNCITRAL Rules.
The scope of our services spans from general advice on investment protection under public international law to the legal assessment of claims and disputes in the pre-trial phase and the successful representation of clients before international tribunals. We also assist our clients in the enforcement of investment arbitration awards.Back to top
Our partners regularly assist in annulment proceedings and other arbitration-related litigation. We have challenged and defended numerous arbitral awards, including before the courts of England and Wales, and various federal and state courts in the United States of America as well as before the Austrian Supreme Court. The experience gained in those proceedings enables us to realistically estimate the prospects of success of a potential challenge action and give reliable strategic advice in the post-award stage.
We also support our clients in the challenge of arbitrators – a decision which must never be taken lightly but may at times turn out inevitable – and in the defence of a contested nominee.Back to top
We regularly assist our clients when it comes to turning their arbitral awards into money. Our lawyers are well versed in the recognition and enforcement of foreign arbitral awards in Austria, England and the US, as well as project managing enforcement proceedings around the world. We know how to best protect our clients’ interests, both when seeking enforcement or resisting it. Our experience also includes serving process abroad as well as locating and securing assets, tangible and intangible. We know that the enforcement-epilogue can sometimes be more tedious than obtaining an enforceable title in the first place.
As a matter of course, we also assist you when it comes to the enforcement of foreign or national state court judgements.Back to top
Whilst the focus of our practice is on international arbitration, we have also handled numerous domestic arbitrations, seated in Austria (in ad hoc proceedings, as is often the case, but equally under regional and national institutional rules), New York and London.
Especially in high-value or complex national contractual relations or in a domestic setting in which confidentiality is key, domestic arbitration may be the dispute resolution method of choice. Mindful of what sets domestic arbitration apart, notably in jurisdictions such as the US and England, but also Austria, our lawyers can draw upon their deep knowledge of international arbitration and national court proceedings when handling domestic cases. Our team is also well prepared to handle employment arbitrations.Back to top
Negotiation of a settlement agreement with Austrian seated multinational technology company for its Korean business partner (avoiding ICC proceedings).
Representation of a Southern European automobile entity in arbitral proceedings against an Eastern European entity regarding an import agreement of automotive vehicles (EUR 30 million, VIAC).
Representation of a world leading Austro-Canadian automotive contract manufacturer in a dispute regarding the conception of a new automobile for a Chinese car manufacturer (EUR 3 million, SCAI).
Representation of a global energy major in arbitral proceedings against a Western European energy company regarding the amendment of a gas supply contract in Eastern Europe (EUR 316 million, ICC).
Representation of an Eastern European state in two investment arbitrations against UK investors in the automobile accessories industry (EUR 30 million, SCC).
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 Central European state owned energy companies in arbitration proceedings regarding a joint-venture for building and operation of a coal power plant (EUR 60 million, ICC).
Representation of a foreign investors in an investment arbitration against an Eastern European state regarding investments in the food production industry (EUR 80 million, ICSID).
Representation of a major European insurance group in arbitral proceedings against a major American insurance group regarding reinsurance claims arising from a global insurance programme (EUR 8 million, VIAC).
Representation of a Southern European state in an investment arbitration against a Slovenian investor regarding the privatisation of a power plant (EUR 720 million, ICSID).
Representation of a global industrial company regarding claims in connection with the construction of a powerplant in Austria (EUR 15 million, ICC Dispute Board).
Pursued a claim for major US commodities trading house for damages in respect of late delivery / unseaworthiness against vessel owners in LMAA arbitration proceedings. Also handled negotiations with Mediterranean receivers. Brought related actions in Texas and Turkey for discovery and vessel arrest against the owners.
Commenced ad hoc London arbitration proceedings for an Italian coal trader claiming wrongful arrest in respect of a time charterparty. Involved complex conflict of laws questions.
Representation of a Southern European logistics company in Vienna-seated arbitration proceedings and settlement negotiations against a German service provider (VIAC).
Providing pre-arbitral advise (ICC).
Representatin of a major Korean shipyard in arbitral proceedings against a Dutch shipbuilding conglomerate regarding a share purchase agreement (ICC).
Representation of a large Austrian multinational in five interrelated arbitration proceedings regarding the validity of various strategic corporate decisions (EUR 40 million, ad hoc arbitration).
Representation of a Greek investor and Seychelles-based company in arbitral proceedings against Western European entities regarding the sale and purchase of an Eastern European subsidiary (EUR 14 million, ICC).
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).
Representation of a South-Eastern European companies in a dispute regarding the construction of a power plant against an insolvent claimant (EUR 73 million, ICC).
Representation of two subsidiaries of a global packaging and pager company in an arbitration proceeding against a Czech chemical supplier (EUR 2.4 million, VIAC).
Advised a major international trading house (Singaporean plc), in respect of a cargo claim against vessel owners. Travelled to Lagos and Port Harcourt, Nigeria, to take evidence from our trading clients, surveyors, port terminal operators and harbour masters. In the arbitration proceedings, the Owners counter-claimed for wrongful arrest in Nigeria / breach of London arbitration agreement.
Acted on an ad hoc arbitration claim for international London-based trading house, specialising in steel and metals trade, against an Italian receiver for liability under UK COGSA for quality issues.
Representation of major international LNG supplier and charterer on their position in respect of a multi-million dollar off-hire claim. The dispute turned on bespoke off-hire wording and complex legal questions in LCIA arbitration.
Representation of a Central Asian beverages producer in arbitral proceedings against a Central European manufacturer regarding damages for defective deliveries (EUR 1 million, VIAC).
Representation of a South European plant-engineering manufacturer in a challenge proceedings against all three arbitrators of a previous arbitration proceeding (EUR 3 million, Austrian Supreme Court).
Representation of an US entity in Czech-centred post M&A and fraud case (EUR 10 million, ICC ).
Representation of a Central European state in an investment arbitration under the UNCITRAL Rules against a German natural person claiming violation of his/her rights by a court decision on squeeze-out (USD 100 million, PCA).
Representation of a Central Asian state in an investment arbitration against a foreign investor active in the mining industry (Moscow Chamber of Commerce, USD 118 million).
Representation of a global leader in packaging and paper in a post M&A dispute regarding the purchase of an Asian company ( EUR 70 million, ICC/Singapore).
Representation of an Austrian construction company in arbitral proceedings against a large European engineering and construction group regarding damage claims arising from the construction of an industrial plant (EUR 15 million, ICC).
Representation of a major global oil & gas company in arbitral and court proceedings against a Western European gas pipeline operator regarding European competition law matters (EUR 70 million, ICC, Austrian energy regulator, Austrian Administrative Court).
Representation of an Eastern European state in an investment arbitration against a UK company in the health care sector (EUR 30 million, UNCITRAL).
Acted for a Norwegian chartering company in four separate arbitrations/charters. Issues include failure to nominate, coercion to pay outstanding demurrage, failure to pass on money received from sub-charterers and receipt of fund by agents for principals. There were separate Norwegian proceedings for security.
Advised a major Polish chemical company, as charterers, in relation to an LMAA arbitration claim brought by the Owners for demurrage and other outstandings.
Representation of an Austrian subsidiary of a major European construction company in arbitral proceedings against an Eastern European energy company regarding penalty and warranty claims arising from the construction of a hydroelectric power plant (EUR 3 million, VIAC).
Representation of a Southern European state in an investment arbitration against a Western European foreign investor in the steel sector (EUR 72 million, ICSID).
Representation of a Turkish construction company in the enforcement of a European arbitral award (EUR 2 million, Austrian court).
Representation of global energy major in an LMAA arbitration in a long-term charterparty dispute for a LNG carrier.
Representation of major soft commodity trading company in English High Court proceedings, alleging false representation and deceit against a Russian commodity trader. Matter also involved worldwide freezing orders, underlying GAFTA arbitration proceedings in London, English enforcement proceedings and Russian enforcement proceedings; obtained a full judgment and London arbitral award.
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.
Defended an ICC arbitration claim for our Egyptian trader clients, as sellers, for short shipment under a sale and purchase contract.
Representation of a lage Austrian multinational in the proceedings against contractual claims brought by a former manager (EUR 30 million, Austrian state courts and an ad hoc arbitral tribunal).
Representation of a Southern European gas trader in arbitral proceedings against a Central European multinational regarding the revision of gas storage contracts (EUR 15 million, ad hoc arbitration/Leipzig, Germany).
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 of a German energy major in contract adjustment proceedings against a Western European incumbent regarding gas transit agreements and related competition law questions (EUR 120 million, VIAC).
Representation of an Eastern European state in an investment arbitration against a Dutch investor in the commodity trading sector (EUR 120 million, PCA).
Representation of a Southern European state in an investment arbitration against EGS regarding the privatisation of a power plant (EUR 72 million, ICSID).
Advised shipowner clients and its P&I Club on a cargo misdelivery claim and associated indemnity action. The bill holders’ claim was subject to LMAA arbitration proceedings and the indemnity proceedings were before the English High Court. Our client obtained freezing orders against the commodities trader in England, enforced those in Switzerland and Rule B attachments against the indemnifying party in the US, having defended a sister-ship arrest in Morocco and related proceedings in Dakar.
Representation of a German party in arbitral proceedings against a Belarusian entity related to food packing machines (VIAC).
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).
Representation of a North American OEM-supplier in arbitration proceedings against Central European integrator in the aerospace industry (USD 11 million, VIAC).
Representation of an Eastern European company in arbitral proceedings against an Eastern European municipality (USD 25 million, ICC).
Advised a large US commodities trader in an arbitration claim for overpaid hire and bunkers on a time charterparty. This involved insolvency proceedings in Greece and various actions for security.
Representation of a market-leading, global consumer goods manufacturer and retailer against a Central European supplier regarding damages for breach of contract (EUR 5 million, ICC).
Representation of an European oil&gas incumbent in a post-M&A dispute regarding the sale of a network of petrol stations against a Central European energy incumbent (EUR 4 million, ICC).
Representation of an Eastern European engineering and construction company in the field of industrial construction in arbitral proceedings against Western European Romanian nationals related to a share purchase agreement (EUR 7 million, VIAC).
Representation of a Western European industrial gas company in the court proceedings regarding damages caused by a defective CO² distribution system (Austrian state courts).
Kwon (moderator), “Let’s Get Digital: Remote Hearings in the Age of COVID”, 18th Generations in Arbitration Conference of the MAA International Commercial Law and Arbitration Conference (Webinar), 24.03.2021.
Beisteiner (panelist), “21 Join Street: The Impact of Joinder on Arbitral Proceedings”, 18th Generations in Arbitration Conference of the MAA International Commercial Law and Arbitration Conference (Webinar), 23.03.2021.
Cech (host), “Praktické otázky při uzavírání rozhodčích doložek v mezinárodním obchodě” Webinar, C.H.Beck, 23.03.2021.
Zojer (panelist), “Different Approaches to Declaratory Reliefs” Panel, “Declaratory Reliefs: Requirements, Procedure and Purpose from Different Perspectives” ICC YAF Webinar, 04.03.2021.
Herbst (panelist), “Mind the Gap: A Fresh Look at Procedural Gaps in Institutional Rules”, YAAP Virtual Lunch, 18.02.2021.
Zeiler (editor), Austrian Yearbook on International Arbitration 2021 co-edited with Klausegger, Klein, Kremslehner, Petsche, Pitkowitz and Welser.
Zojer (contributor), “The Vienna Propositions for Safeguarding Public Interest, Public Policy, Competition and Insolvency in International Arbitration”, Austrian Yearbook on International Arbitration 2021.
Schifferl & Zojer (authors), “Decisions of the Austrian Supreme Court and the Austrian Constitutional Court on Arbitration in 2019 and 2020”, Austrian Yearbook on International Arbitration 2021.
Herbst (author), “Asserting Statutory Limitation against International Arbitral Awards – Everything (Un)Clear?”, Austrian Yearbook on International Arbitration 2021.
Zeiler & Küenburg (authors), “Jurisdictional Issues and Arbitration – an International Comparison”, Austrian Yearbook on International Arbitration 2021.
Siwy (author), “The Decision on Jurisdiction of an Arbitral Tribunal Under English Law”, Austrian Yearbook on International Arbitration 2021.
Zeiler & Misovic (authors), “Who Decides on ‘Gateway Matters’ Under the FAA?”, Austrian Yearbook on International Arbitration 2021.
Zeiler (speaker), “ICC Arbitration Rules – 2020 Revision”, ICC Austria Online Seminar, 3.12.2020.
“False Friends in Arbitration: A (surprising) Comparative View of US and Austrian Law”
A discussion with Univ.-Prof. Hubertus Schumacher and Edward Floyd, hosted and moderated by Gerold Zeiler.
Thursday, 20 May 2021
15:00 Central European Time / 09:00 Eastern Standard Time
Annual MAA International Commercial Law & Arbitration Conference
22–26 March 2021 Webinar Series
The Annual MAA International Commercial Law and Arbitration Conference combines the two most long-standing conferences of the Willem C. Vis Moot Competition in Vienna: the Annual Generations in Arbitration Conference which is in its 18th year and the Annual Peter Schlechtriem CISG Conference which is in its 12th year.
Due to the global health concerns, we have turned our Conference to a Webinar Series, which will be held through 22 to 26 March 2021, and sponsored once again by Zeiler Floyd Zadkovich.
The latest program flyer with the exciting lineup of panels can be found here.
UN Model Law-jurisdictions, watch out: In a recent decision, the Singapore High Court (“Court”) was asked to set aside an arbitral award which had ordered payment of liquidated damages for delayed construction of an industrial plant.
On Monday 25 January 2021, SCOTUS issued a one-page order to dismiss the writ of certiorari to Henry Schein Inc. v. Archer and White Sales Inc., “as improvidently granted”.
Security actions are a crucial part of maritime arbitration. But what is the status of the costs incurred in obtaining such security?
On 4 December, the Commercial Court granted an appeal under Section 69 of the English Arbitration Act – a rare occurrence.
The case at hand concerned a loan agreement guaranteed by a third party.
Our Disputes for Breakfast | Arbitration webinar with Friederike Schäfer, Counsel at the ICC Court of Arbitration in Paris, was a must-watch, but not to worry – our Gaudenz Küenburg recapped all the highlights for those of you who couldn’t attend.
Friederike Schäfer, Counsel at the ICC Court of Arbitration in Paris
“News from Paris: ICC Arbitration in 2020 and Beyond”
– Moderated by Gerold Zeiler & Lisa Beisteiner –
13 November 2020, 9:30 – 10:15 a.m. Central European Time
WEBINAR (in EN)
The U.S. Court of Appeals for the Seventh Circuit recently addressed the issue whether a private foreign arbitration is “a proceeding in a foreign or international tribunal” under § 1782(a).