“Besides Thomas’ business-minded approach and constant availability, I was very impressed by his familiarity with every aspect of the dispute. His ability to communicate the interplay between complex technical and legal issues in a concise but comprehensive manner, made for a productive and enjoyable cooperation over the last two years.”CEO of Central-European Industrial Holding
Thomas Herbst is a Senior Associate with our firm, specializing in international arbitration and commercial litigation.
Thomas has more than five years of extensive arbitration practice, acting both as counsel as well as secretary to the arbitral tribunal. He has been involved in numerous arbitral proceedings under different sets of rules, such as ICC, ICSID, VIAC and UNCITRAL. In this capacity, Thomas has acted in a variety of disputes concerning a wide range of industries, among them corporate and trust disputes, energy, telecommunications and construction arbitrations as well as reinsurance and post-M&A disputes.
Thomas is an active member of the young Austrian arbitration community. In the past, he spoke on arbitration related issues and he regularly publishes in his field. He currently lectures on Austrian civil law in English at the University of Applied Science BFI Vienna.
Prior to his practice as legal counsel, Thomas clerked at Austrian courts and interned with various law firms in Austria, as well as in New York. He obtained his Master’s degree in Law (2012) from the University of Vienna with a summer school diploma in European Studies (2009) and an additional diploma in Law of International Relations (2012).
Thomas works in English (fluent) and German (native).
Highlights of Thomas’ work include the following:
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 Central European construction company in court proceedings on disbursement of performance and advance payment guarantees (EUR 1.4 million, Austrian court).
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 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 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 North American OEM-supplier in arbitration proceedings against Central European integrator in the aerospace industry (USD 11 million, VIAC).
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 shareholders of a large Austrian industrial conglomerate against a global conglomerate in disputes relating to several share purchase agreements (EUR 700 million, Austrian state courts).
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).
Interested in specific aspects of Thomas’ recent work? Contact firstname.lastname@example.org for further reference cases.
Ed Floyd, Jonas Patzwall, Gerold Zeiler, Thomas Herbst, Memo on Arbitrability in the US – The Fifth Circuit Takes Another Crack At Interpretation Of Arbitration Clause, Finds Placement of Carve-Out Dispositive 22.08.2019
Zeiler & Herbst (authors), “Parties’ Obligation to Confidentiality in International Commercial Arbitration: Fact or Fiction?”, American Bar Association, Just Resolutions Newsletter, May 2019
Herbst & Zojer (authors), “Abschnitt “Außerstreitverfahren” im Kapitel “Schiedsfähigkeit””, Konfliktlösung in Privatstiftungen, Verlag Österreich, 2019