“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 Zeiler Floyd Zadkovich representing and advising client in matters of international arbitration and commercial litigation.
Thomas has close to eight years of arbitration practice, acting as counsel as well as secretary to the arbitral tribunal. In this capacity, he has been involved in numerous arbitration proceedings under a variety of rules (including those of ICC, LCIA, ICSID, VIAC and UNCITRAL) and jurisdictions. Thomas acted in disputes concerning a wide range of industries (among them, telecommunications, post-M&A, corporate, trust, reinsurance and banking disputes), with a particular focus on energy and construction matters. In 2018, Thomas passed the Austrian bar exam with distinction and was admitted to the bar in 2020.
Thomas regularly publishes in his fields of practice. He is an external lecturer of Austrian private business law at the University of Applied Science Vienna (FH BFI Wien, since 2019), an active member of the Young Austrian Arbitration Practitioners (YAAP) association, and coach of the University of Vienna’s team at the Willem C. Vis Commercial Arbitration Moot (since 2021).
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” (2014).
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 vienna@zeilerfloydzad.com for further reference cases.
Professional Experience
Education
Herbst (panelist), “Making sure that arbitration meets your (company’s) expectations“, ICC YAAF Conference, Skopje/North Macedonia, 25.04.2023.
Herbst (panelist), “Arbitrability of Corruption – Treading in Treacherous Waters“, Annual MAA International Commercial Law & Arbitration Conference, 31.03.2023.
Herbst (lecturer), “Introduction to ICC Arbitration” co-lectured with Maximilian Burger-Scheidlin, Visit of Dispute Resolution Club Turkey, 30.03.2023.
Herbst (lecturer), External Coach of the University of Vienna’s team at the Willem C. Vis Commercial Arbitration Moot, 2022-2023.
