Dr. Markus Burianski | White & Case LLP International Law Firm, Global Law Practice
 Markus Burianski
 Markus Burianski

Dr. Markus Burianski

Partner, Frankfurt

T +49 69 29994 0

E mburianski@whitecase.com

“Markus Burianski [is] ‘always ready to help at short notice, with a quick understanding of economic and business policy aspects.’”

JUVE

Overview

Head of White & Case's German arbitration practice, Markus' work focuses on national and international 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, VIAC and Swiss rules. In addition, Markus regularly acts as an arbitrator or as a German-law "expert" in 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 supply contracts, liability issues (including managing directors' liability), energy law and post-M&A matters. 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, electronics, energy (including renewable energy) 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 European Union.

He 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 European Federation for Investment Law and Arbitration (EFILA), the ICC Commission on Arbitration, the International Council for Commercial Arbitration (ICCA), and the Studienvereinigung Kartellrecht e.V. (an association with a special interest in antitrust law).

Markus is an active member of White & Case's award-winning International Arbitration Practice, which in 2014 was described by Global Arbitration Review as "first class… hardworking and well organized", and which is consistently recognized as being at the top of its field worldwide.

Bars and Courts

  • Rechtsanwalt

Education

  • Dr jur, Albertus-Magnus University of Cologne
  • Second State Exam, Higher Regional Court of Cologne
  • LLM, University of Hull
  • First State Exam, University of Cologne

Languages

  • German
  • English
  • French

Experience

Resisting the enforcement of the +US$50 billion Yukos award

Acting for the Russian Federation, resisting the enforcement of the +US$50 billion Yukos arbitration award, the largest award in the history of arbitration.

Oil & Gas Consortium

Successful representation of an oil & gas consortium in an ICC arbitration against an Arab state arising from the political turmoil of the Arab spring.

German Bank, ongoing

Ongoing representation of a German bank in a €122 million managing director liability case.

Tier 1 Automotive Supplier, ongoing

Representation of a major international tier 1 automotive supplier in a cross-border dispute against a tier 2 supplier concerning the termination of supply agreements.

Uzbek Mining Company, ongoing

Representation of an Uzbek mining company in a post-M&A dispute arising from a failed joint venture in Uzbekistan.

Listed Media Group

Representation of a listed German media group in a post-M&A dispute with the seller of the target company.

German Automotive OEM, 2014

Representation of a major German automotive OEM in a three-digit million euro dispute with a major supplier.

System Construction Firm, 2012 – 2014

Representation of a system construction firm listed in the TecDax in SIAC arbitration proceedings against Chinese parties over a US$ 96 million damages claim.

Mercedes Benz France (Daimler AG), 2013

Markus co-led the German team that succeeded, alongside partners in Paris, in winning a substantial victory on behalf of Daimler, the German car manufacturer, and its French subsidiary Mercedes Benz France. This major case before the Conseil d'Etat, the highest French administrative court, concerned an order from the French government preventing the registration of several of the car maker's models.

Aircraft Manufacturer, 2012 – 2013

Representation of an aircraft manufacturer in two ICC arbitrations against suppliers.

German Car Manufacturer, 2011

Representation of a German car manufacturer in a case concerning the assertion of warranty claims against a German supplier with expected damage in excess of €1 billion.

Speaking Engagements

"Costs in international arbitration- tactical aspects of advance on cost", 2015: IBA Regional Day,
Munich

"Free trade and democracy", 2015: Young Public Law Academics,
Frankfurt

"Managing political and commercial risks by means of arbitration", 2015: 4th Managing Risk in Africa,
Munich

"Umbrella clauses in the context of future treaty making", 2015: EFILA inaugural conference,
London

"Autonomous / automated driving and modern driver assistance systems – progress in a legal grey zone", 2014: 12th annual conference of Euroforum,
Stuttgart

"John Deere: International Arbitration", 2014:
Mannheim

"Managing political and commercial risks by means of arbitration", 2013: 2nd Managing Risk in Africa,
Frankfurt

Publications

  • New York, Brussels – or both? Focus on the practical consequences of the ECJ's Gazprom decision (New York, Brüssel – oder beide? Im Blickpunkt: Praxisfolgen der "Gazprom"-Entscheidung des EuGH), Dispute Resolution Magazine, Issue 2, Pages 6-9, 2015, (co-author with Daniel Eckstein)
  • Investment Protection and TTIP, Business Law Magazine, forthcoming, (co-author)
  • Third Party Funding in International Arbitration – an overview, Dispute Resolution – Online, Issue 2, pp. 10–13, 2014, (co-author)
  • A Mountain Too High: The Challenge of Setting Aside an Arbitral Award on the Basis of Fraud in Different Jurisdictions, SchiedsVZ, Issue 1, pp. 20–31, 2013, (co-author)
  • An arbitration clause contained in executive board contracts should be set out in a separate document, BB, Issue 2, pp. 81–84, 2012, (Die Vereinbarung einer Schiedsklausel in Vorstandsverträgen in einem separatem Dokument ist unbedingt empfehlenswert) (co-author)
  • German data protection law in international arbitration – Applicability, conflicts and possible solutions, RDV, Issue 5, pp. 214–221, 2011, (Deutsches Datenschutzrecht in internationalen Schiedsverfahren – Anwendbarkeit, Konflikte und Lösungshinweise) (co-author with Martin Reindl)
  • The German General Equal Treatment Act (AGG) in arbitration proceedings – a question of faith?, NJW Editorial, Issue 25, 2011, (AGG in Schiedsverfahren – eine Glaubensfrage?)
  • Paradigm shift with regard to issue preclusion. Commentary on the decision of the Federal Court of Justice of December 16, 2010 – III ZB 100/09, BB, Issue 6, pp. 336–339, 2011, (Paradigmenwechsel bei der Rügepräklusion. BB-Kommentar zu BGH, Beschluss vom 16.12.10 – III ZB 100/09) (co-author)

Awards & Recognition

Handelsblatt Best Lawyers Germany 2017: Arbitration and Mediation

Notable Practitioner, Chambers Germany 2016

Recommended Lawyer: Dispute Resolution – Germany, The Legal 500 Germany, 2016

Highly Recommended Lawyer:

Corporate Litigation (JUVE 2015/2016); Product Liability (JUVE 2015/2016); Arbitration/Mediation (JUVE 2015/2016); Litigation & ADR (Kanzleimonitor 2014/2015/2016); Dispute Resolution (The Legal 500: EMEA—Germany 2015)

Key Individual:

Dispute Resolution: International Arbitration (Global Arbitration Review 2013)