Dr. Markus Burianski

Partner, Frankfurt

Biography

“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 EU.

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), the Studienvereinigung Kartellrecht e.V. (an association with a special interest in antitrust law) and the ASA Below-40 (Association Suisse de L’Arbitrage)

Markus teaches international arbitration at the Institute for Law and Finance of the Goethe Universität Frankfurt am Main and is an active member of White & Case's award-winning International Arbitration Practice, which is ranked No. 1 in the world by Global Arbitration Review for the fifth time in a row and has been described by Chambers Europe 2018 as the "Leading international arbitration outfit".

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.

Oil & Gas Consortium, ongoing
Representation of another oil & gas consortium in an ICC arbitration against an Arab state arising from the political turmoil of the Arab spring.

Taiwanese solar company, ongoing
Representation of a Taiwanese solar company in a EUR 130-million ICC arbitration against a German supplier about the termination of a long-term supply agreement for economic hardship.

African Cocoa Company, ongoing
Representation of an African cocoa company in FCC commodity arbitration proceedings as well as insolvency proceedings against a German buyer.

German Automotive OEM, ongoing
Representation of a major German OEM in ICC arbitration proceedings against an Indian supplier related to breach of contractual securities.

German System Construction Company, ongoing
Representation of a listed German system construction company in SCC-arbitration proceedings against a Chinese customer.

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

Tier 1 Automotive Supplier
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
Successful representation of an Uzbek mining company in a post-M&A dispute arising from a failed joint venture in Uzbekistan.

Speaking Engagements

Participated at the panel discussion "GDPR-International arbitration meets data protection: practical guidance for compliance", November 2: Fordham International Arbitration and Mediation Conference, Fordham University, New York

Presented "Force Majeure in International Arbitration: A Yemen Case Study", November 1: NYU LAW, The center for transnational litigation, arbitration and commercial law, 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", 2018: workshop in the context of the Master Program "International Dispute Resolution" at HU Berlin

"Autonomous Driving", 2017: 15th annual conference of Euroforum, Stuttgart

"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", 2015: Young Public Law Academics, Berlin

"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

"Challenges" to Party-Appointed Experts, SchiedsVZ 2017, Issue 6, Pages 269-277, (co-author with Alexander C. Lang)

Taking Depositions in Germany for Use in US Courts, 2017, (co-author with Sonja Dünnwald)

A commentary on the Pechstein decision of the BGH, LMK 2016, 381217, (co-author with Gero Pogrzeba)

The end of inter-EU disputes? It's in the hand of the ECJ, Dispute Resolution Online 2016, Vol. 2, p. 6-8

The binding effect of arbitration agreements for factual acquirers of enterprises, Betriebsberater 2016, Pages 397 et seq.

Navigating India: lessons for foreign investors, Business Law Magazine, September 3, 2015, (co-author with Nandan Nelivigi)

Third Party Funding in International Arbitration – an overview, Dispute Resolution – Online, Issue 2, pp. 10–13, 2014, (co-author)

Safeguard for foreign investors: A practical approach: investment protection and TTIP, Business Law Magazine, Issue 3, Pages 12-15, 2014, (co-author with Hansel T. Pham and Sonja Dünnwald)

A Mountain Too High: The Challenge of Setting Aside an Arbitral Award on the Basis of Fraud in Different Jurisdictions, SchiedsVZ, Issue 1, Pages 20-31, 2013, (co-author with Aloke Ray et al.)

An arbitration clause contained in executive board contracts should be set out in a separate document (Die Vereinbarung einer Schiedsklausel in Vorstandsverträgen in einem separatem Dokument ist unbedingt empfehlenswert), BB, Issue 2, Pages 81-84, 2012, (co-author with Verena Groß)

Awards and Recognition

Who's Who Legal Arbitration: Future Leaders 2018

Handelsblatt Best Lawyers Germany 2018: Arbitration and Mediation

Dispute Resolution, Arbitration Counsel, Chambers Germany 2018

Recommended Lawyer: Dispute Resolution – Germany, The Legal 500 Germany, 2018

Highly Recommended Lawyer:
Corporate Litigation (JUVE 2018/2019); Arbitration/Mediation (JUVE 2018/2019); Litigation & ADR (Kanzleimonitor 2014/2015/2016)

Dispute resolution expert:, P.R.I.M.E. Finance
Dr. Markus Burianski