Dr. Markus Burianski

Partner, Frankfurt

Biography

“Markus Burianski excels in legal strategy for international and complex arbitrations; very proactive and he achieves the desired results through consistent efforts with a client-focused approach, and another referee states he is ‘fast, thorough, precise, clear, very personable.’”
Legal 500, Germany, Arbitration 2021

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, 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 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.

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), 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 iur
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 Consortia
Representation of two international oil & gas consortia in two independent ICC arbitrations, seated in Paris, against an Arab state arising from the political turmoil of the Arab spring. Applicable law was that of the Arab state.

EPC Contractor
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 concern the construction of overhead power lines. Applicable law is that of the Arab state.

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.

Eastern European State
Counsel to an Eastern European state in an ICSID arbitration.

German Bank
Representation of a German bank in a €122 million managing director liability case.

German Development Bank
Representation of a German development bank in an ICC arbitration concerning the termination of a project financing agreement for a hotel project in South-East Europe.

International Insurance Company
Representation of an international credit insurance company in two connected arbitrations (DIS and ICDR, seated in Hamburg and Miami) against an international telecommunications group concerning coverage claims for embezzled goods.

Global Industrial Chemical Manufacturer
Representation in a post-M&A/construction dispute. The arbitration under the DIS Rules concerned several technical defects of the chemical plant acquired by our client.

US Chemical Producer
Representation of an international chemical group against another international chemical group in an ad hoc-arbitration seated in Paris concerning claims from a plant operator contract. Applicable law is, inter alia, French law.

Global Automotive Group
Ongoing representation of a global automotive group in a variety of litigation and arbitration proceedings in relation to suppliers, concerning recourses, price adjustment claims and terminations of supply agreements, inter alia.

Domestic and Foreign Automotive Suppliers
Ongoing representation of a variety of domestic and foreign suppliers in various litigation and arbitration disputes in relation to automotive groups, suppliers (upstream and downstream) and insurance companies. The matter concern inter alia the pursuit of or defence against recourse claims (including coverage claims from recall policies), price adjustment claims, termination of supply agreements and private cartel damages claims.

Major Italian Automotive Supplier
Representation of a major Italian automotive supplier in a post M&A price adjustment arbitration dispute under the DIS rule. Related representation in German court proceedings for damages against a former shareholder.

Uzbek Mining Company
Representation of an Uzbek mining company in a post M&A dispute arising from a failed joint venture in Uzbekistan. Applicable law was Uzbek law, inter alia.

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

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

Mercedes Benz France (Daimler AG)
Markus co-led the German team that succeeded, alongside partners in Paris, in achieving 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 manufacturer's models.

Global Aircraft Manufacturer
Representation of an aircraft manufacturer in two independent ICC arbitrations against two suppliers.

Automotive company
Representation of an automotive company in a multi-jurisdictional supplier dispute involving Germany, South Africa and the United States.

Speaking Engagements

"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

"Dealing with Italian Companies: Opportunities and Challenges", Webinar, Frankfurt, 11 February 2020 Panelist at "GDPR-International arbitration meets data protection: practical guidance for compliance", November 2018: Fordham International Arbitration and Mediation Conference, Fordham University, New York Presented "Force Majeure in International Arbitration: A Yemen Case Study", November 2018: 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", workshop in the context of the Master Program "International Dispute Resolution" at HU Berlin, 2018, 2019, 2020

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

"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

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

"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

"Investment Arbitration in Africa – principles and perspectives, Investment Arbitration in Africa", Berlin, 2011

Publications

"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)

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, (co-authored with Alexander Lang)

"Suspending contractual performance in response to the coronavirus outbreak", February 2020 (with Mark Clarke, Maximilian Clasmeier and James Hart)

"Damages for breach of an exclusive jurisdiction clause", January 2020

"War Clauses: Friend (not Foe) of Force Majeure", August 2019 (with Christian Theissen)

"German Federal Court of Justice Prohibits Third-Party Funding in Actions for 'Confiscation of Profits'", February 2019

"Germany"; Energy Disputes, Getting The Deal Through. Ed. Wood/Miller/Brogdon/Stebbing/Varnado/Ibrahimov. London, 2019, Pages 55-59 (with Thomas Burmeister)

"Dispute Resolution in Africa Mining Assets: Exploring the Arbitration Route", Into Africa 2018, Pages 37-39 (with Federico Parise Kuhnle)

"Germany"; Energy Disputes, Getting The Deal Through. Ed. Wood/Miller/Brogdon/Stebbing/Varnado/Ibrahimov. London, 2018, Pages 35-39 (with Thomas Burmeister)

"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)
"A commentary on the Pechstein decision of the BGH", LMK 2016, 381217 (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 (Zur Bindung des Erwerbers an eine Schiedsvereinbarung zwischen dem bisherigen Geschäftsinhaber und einem Dritten im Fall einer rein tatsächlichen Fortführung eines Handelsgeschäfts)", Betriebsberater 2016, Issue 7, Pages 397-400

"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)

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

"Third Party Funding in International Arbitration – an overview (Neue Chancen, neue Fragen: Prozessfinanzierung in internationalen Schiedsverfahren – ein Überblick)", Dispute Resolution Online 2014, Issue 2, Pages 10–13 (with Alexander C. Lang)

"A Mountain Too High: The Challenge of Setting Aside an Arbitral Award on the Basis of Fraud in Different Jurisdictions (Kaum zu überwinden: Die Herausforderung der Anfechtung eines Schiedsspruchs wegen Betrugs in verschiedenen Rechtsordnungen)", SchiedsVZ 2013, Issue 1, Pages 20-31 (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 separaten Dokument ist unbedingt empfehlenswert)", Betriebsberater 2012, Issue 2, Pages 81-84 (with Verena Groß)

"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)

"The German General Equal Treatment Act (AGG) in arbitration proceedings – a question of faith? (AGG in Schiedsverfahren – eine Glaubensfrage?)", NJW Editorial, Issue 25, 2011

"Paradigm shift in the preclusion of complaints. BB-Commentary on BGH, decision of 16 December 2010 – III ZB 100/09 (Paradigmenwechsel bei der Rügepräklusion. BB-Kommentar zu BGH, Beschluss vom 16.12.10 – III ZB 100/09)", Betriebsberater 2011, Issue 6, Pages 336-339 (with Jan Skibelski)

Awards and Recognition

The Lawdragon Litigation Global 500, International Arbitration, 2021

"Thought Leader: Arbitration" 2021 Who's Who Legal

Who's Who Legal Arbitration: Thought Leader 2020

Dispute Resolution Star – International Arbitration; Benchmark Litigation Europe 2020

Dispute Resolution, Arbitration Counsel, Chambers Germany 2019

Highly Recommended Lawyer:
Dispute Resolution, JUVE 2020/2021

Arbitration & Mediation, Handelsblatt Best Lawyers Germany 2020

Dispute Resolution – Germany, The Legal 500 Germany, 2020

Corporate Litigation and Arbitration/Mediation, JUVE 2019/2020

Dispute Resolution Expert: P.R.I.M.E. Finance