Dr. Markus Burianski
Biography
Overview
Head of White & Case's German arbitration practice, Markus' work focuses on international and national dispute resolution. He represents German domestic and multinational clients in a variety of court and arbitration proceedings, including those conducted under the ICC, DIS, UNCITRAL, SIAC, ICDR, ICSID, VIAC and Swiss rules. In addition, Markus regularly acts as a sole arbitrator, chair and co-arbitrator as well as a German-law "expert" in national and international arbitration proceedings.
At ease with the multijurisdictional intricacies of international arbitration matters, he has significant experience of supporting clients with complex disputes relating to energy law, post-M&A matters, supply contracts, and liability issues (including managing directors' liability). Markus also regularly advises clients on issues relating to private international law and cross-border litigation (jurisdiction, service, taking of evidence and enforcement).
Clients that have benefited from his knowledge and experience come primarily from the automotive, energy (including renewable energy), chemicals, electronics, and financial services sectors.
Prior to joining White & Case, Markus worked in Brussels for a renowned US law firm, with a particular focus on litigation relating to competition and international trade law before the courts of the EU.
Markus is a prolific author on arbitration law and is an active member of several professional associations, including the German Lawyers' Association (DAV), the German Institution of Arbitration (DIS), the ICC Commission on Arbitration, the International Council for Commercial Arbitration (ICCA). Markus also sits on the editorial board of the "Indian Journal of International and Comparative Law".
Markus teaches international arbitration at the Institute for Law and Finance of the Goethe Universität Frankfurt am Main (winner of the Lecturer of the Year 2023/SS-award) and is an active member of White & Case's award-winning International Arbitration Practice, which is continuously placed at the top by the legal directories, including Chambers Global, The Legal 500 and Global Arbitration Review. In Germany, the Dispute Resolution Practice has been recognized as Law Firm of the year 2023 by Germany's most important legal press publisher JUVE due to the outstanding work and market position.
Experience
Oil & Gas Consortia
Successful representation of an oil & gas consortium in an ICC arbitration against an Arab state arising from the political turmoil of the Arab spring.
EPC Contractor
Successful representation of an Indian EPC Contractor in two independent arbitrations (ICC and ad hoc, seated in Cairo and Amman) against an Arab state arising from a civil war. The proceedings concerned the construction of overhead power lines. Applicable law was that of the Arab state.
Car Manufacturer
Ongoing representation of a major German car manufacturer with regard to Force Majeure and Hardship-claims brought by numerous suppliers arising from the global semiconductor shortage, the Ukraine war, soaring raw material and energy costs, etc.
Taiwanese Photovoltaic Company
Representation of a Taiwanese manufacturer of photovoltaic components in a EUR 130-million ICC arbitration against a German supplier about the termination of a long-term supply agreement for economic hardship.
Foreign Energy Producer
Advice to a foreign energy producer regarding potential ECT claims against Germany arising out of changes to the regulatory framework.
Japanese Renewable Investor
Representation of a Japanese renewable investor in an ICSID ECT arbitration against Spain related to feed-in-tariff.
„The Proceedings on the Merits" ("Das Erkenntnisverfahren"), presentation at the conference „Ein neuer Konkurrent für Schiedsgerichte – Die Frankfurter Kammer für internationale Handelssachen", 28 April 2023, University of Applied Science, Frankfurt,
„Jurisdictional problems with state parties: A European perspective", Hamburg International Arbitration Day 2023, 28 March 2023, Bucerius Law School, Hamburg
"Energy disputes in the context of the German energy crisis" (Energiestreitigkeiten im Zuge der deutschen Energiekrise), Webinar ICC Digital Lunch, 9 September 2022
"Pro-active approaches to addressing data protection during the document production process", ICC Institute Training on Production of Documents, Webinar, 4 June 2021
"Claims against states as a way to expand the estate under insolvency administration", Webinar 4 March 2021
M&A Sessions: "What impact does the current crisis have on post-M&A disputes?", Webinar, 26 August 2020
"COVID-19 - Crisis management also required in many legal areas", Webinar, Frankfurt, 24 March 2020
8th Conference "Universities, Entrepreneurship and Enterprise Development in Africa", Presentation on "Effective legal protection through arbitration – a success factor for SMEs", 20 February 2020, Sankt Augustin
Panelist at "GDPR-International arbitration meets data protection: practical guidance for compliance", November 2018: Fordham International Arbitration and Mediation Conference, Fordham University, New York
"Disclosure Obligations Pursuant to the Amended German Competition Act – a German "Discovery"?", 2018 Litigation Summit, Berlin
"Why The EU Investment Court System Is Destined To Fail Foreign Investors And Host States Alike?", EFILA Annual Conference 2018, London
"Taking of Evidence in International Disputes", workshop in the context of the Master Program "International Dispute Resolution" at HU Berlin, 2018, 2019, 2020
"The Impact of Digitalization on International Arbitration", 2017 DAJV conference; Frankfurt
"Upstream Force Majeure", ICC YAF 3/2017, Düsseldorf
"Costs in international arbitration - tactical aspects of advance on cost", 2015 IBA Regional Day, Munich
"Free trade and democracy", Young Public Law Academics, Berlin, 2015
"Managing political and commercial risks by means of arbitration", 4th Managing Risk in Africa, Munich, 2015
"Umbrella clauses in the context of future treaty making", EFILA inaugural conference, London, 2015
"John Deere: International Arbitration", Mannheim, 2014
"Managing political and commercial risks by means of arbitration", 2nd Managing Risk in Africa, Frankfurt, 2013
"Preparing your company to deal with Risk in Africa, 1st. Managing Risk in Africa", Frankfurt, 2012
"Interpretation of hell-or-high-water-clauses in share purchase agreements under German law", NZG 7/2024, Issue 7, p. 275-282 (with Alexander Lang)
Commercial Courts and the reform of the Arbitration Law (Commercial Courts und die Reform des Schiedsverfahrensrechts), ZRP 2023, 162 (with Lisa Fleckenstein)
"Climate Change Disputes: The Status and the Future" Indian Journal of International and Comparative Law, Thomson Reuters, 2023 (with Sonja Hoffmann and Federico Parise Kuhnle)
"Climate change litigation in Africa: Current status and future developments", November 2021 (with Mark Clarke, Federico Parise Kuhnle, Gwen Wackwitz)
"The German Federal Constitutional Court on the German Climate Change Act", Environmental Law & Management, Lawtext, 2021 (with Sonja Hoffmann and Federico Parise Kuhnle)
"Information guarantees in share purchase agreements – issues regarding factual requirements and legal consequences (Informationsgarantien in Unternehmenskaufverträgen – Tatbestands- und Rechtsfolgenprobleme)", NZG 3/2020, Issue 3, p. 92-98 (with Alexander Lang)
"How should the impact of the COVID-19 outbreak be managed on projects under FIDIC and NEC? ", March 2020 (with Rebecca Shorter, Charles Nairac, Dimitar Kondev and Yasmine El Achkar)
"Germany": Energy Disputes 2020, Getting the Deal Through, March 2020 (with Thomas Burmeister)
"War Clauses: Friend (not Foe) of Force Majeure", August 2019 (with Christian Theissen)
"Dispute Resolution in Africa Mining Assets: Exploring the Arbitration Route", Into Africa 2018, Pages 37-39 (with Federico Parise Kuhnle)
"Challenges" to Party-Appointed Experts, SchiedsVZ 2017, Issue 6, Pages 269-277 (with Alexander C. Lang)
"Taking Depositions in Germany for Use in US Courts", 2017 (with Sonja Dünnwald)
"Arbitration in Africa – Managing Risks in a Growing Market", Into Africa, April 2017, Pages 12-13 (with Federico Parise Kuhnle)
"The end of inter-EU disputes? It's in the hand of the ECJ", Dispute Resolution Online 2016, Vol. 2, p. 6-8
"Navigating India: lessons for foreign investors", Business Law Magazine, September 3, 2015 (with Nandan Nelivigi)
"New York, Brussels – or both? In focus: practical consequences of the ECJ's „Gazprom" decision (New York, Brüssel – oder beide? Im Blickpunkt: Praxisfolgen der „Gazprom"-Entscheidung des EuGH)", Dispute Resolution Online 2015, Issue 2, Pages 6-9 (with Daniel Eckstein)
"German data protection law in international arbitration – Applicability, conflicts and possible solutions (Deutsches Datenschutzrecht in internationalen Schiedsverfahren – Anwendbarkeit, Konflikte und Lösungshinweise)", RDV 2011, Issue 5, Pages 214-221 (with Martin Reindl)
Co-author, "Truth or dare? The Conflict Between E-discovery in International Arbitration and German Data Protection", SchiedsVZ, Issue 4, Pages 187-200, 2010 (with Martin Reindl)
Co-author, "Payment of a fine instead of a coercive penalty as a means to make the enforcement of delivery claims more effective (Ordnungsgeld statt Zwangsgeld – Effektivere Durchsetzung von Belieferungsansprüchen)", NJW, Issue 31, Pages 2248-2249, 2010 (with Andreas Klein)
"Interim Measures Against Legal Acts of the European Communities – Abandon Every Hope, Ye Who Enter Here? (Vorläufiger Rechtsschutz gegen belastende EG-Rechtsakte – Lasset alle Hoffnung fahren?)", EWS, Pages 304-309, 2006
Best Lawyer Germany in Arbitration and Mediation, International Arbitration, Litigation, Handelsblatt 2017-2023
"Markus Burianski excels in legal strategy for international and complex arbitrations; very proactive and he works out the desired results through consistent efforts with a client-centric approach"
The Lawdragon Litigation Global 500, International Arbitration, 2021
"Global Leader International Arbitration" 2023 Who's Who Legal
"National Leader International Arbitration" 2023 Who's Who Legal
Leading Individual: Arbitration, WirtschaftsWoche 2023
Dispute Resolution Star – International Arbitration; Benchmark Litigation Europe 2020
Dispute Resolution, Arbitration Counsel, Chambers Germany 2019-2023
Highly Recommended Lawyer:
Arbitration, JUVE 2023
Arbitration – Germany, The Legal 500 Germany, 2022
Dispute Resolution Expert: P.R.I.M.E. Finance
