Strategic Research Sponsor of the American Bar Association's Section of International LawThe Queen's Award for Enterpise 2012

Wolfgang Kühn
Office:
Georg-Glock-Str 4
40474
City:
Düsseldorf
Country:
Germany
Tel:
+49 211 600 55 205
Fax:
+49 211 600 55 200

Questions and Answers:

Who's Who Legal Thought Leaders - Arbitration

Dr Wolfgang Kühn is a senior partner of Heuking Kühn Lüer Wojtek, a major German law firm with about 350 lawyers and eight offices in Germany as well as offices in Brussels and Zurich.

Dr Kühn’s area of practice is corporate law, mergers and acquisitions and construction including international arbitration. Dr Kühn acts as counsel and arbitrator in large national and, predominantly, international arbitration proceedings.

Why did you enter the legal profession?

Because I wanted to become self-employed.

What inspires you as a practitioner?

In particular my international arbitration work, where I am appointed as counsel and arbitrator in major disputes by large corporations and also by state parties.

What do clients look for in a successful arbitrator?

A strong reputation and complete independence.

Many practitioners have reported that competition in the field only seems to be increasing. Is this something that you have noticed? How can practitioners stand out in a crowded market?

Indeed, the market is highly overcrowded. The IBA’s International Arbitration Day 10 or 15 years ago attracted some 150 practitioners, whereas in 2017 the same event attracted nearly 900 participants. The number of arbitration disputes did not increase by that proportion.

What challenges are currently facing practitioners in the sector?

Arbitration work as counsel and arbitrator gets more and more time-consuming due to the complexity of the disputes, and the parties submitting voluminous files – often comprising several thousand pages even when only moderate amounts are in dispute.

In your opinion, how do you anticipate that the practice of international arbitration will adapt to overcome these obstacles?

By further specialisation, eg, in construction/licensing/post-M&A/corporate.

You have sat as an arbitrator and acted as counsel on a wide variety of disputes. Have you consciously attempted to maintain a broad practice?

My practice is international arbitration including construction/post M&A, which is already broad.

The increasing prominence of third-party funding is a divisive issue. How do you anticipate that this will affect the practice in the coming years?

Third-party funding will jeopardise the reputation of (international) arbitration, and the nomination of arbitrators and counsels. The arbitration procedure itself will be dominated by commercial interests entirely disconnected from the laws, rules and conduct of the legal profession.

Biographies:

Who's Who Legal Germany - Arbitration

Dr Wolfgang Kühn is a senior partner of Heuking Kühn Lüer Wojtek, a major German law firm with more than 300 lawyers, and offices in Berlin, Brussels, Chemnitz, Cologne, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart and Zurich. The firm engages in general corporate and commercial, international arbitration and M&A.

Dr Kühn's area of practice is corporate law, mergers and acquisitions and international arbitration. Dr Kühn has advised national and foreign clients in a large number of M&A transactions, inter alia, related to the energy, automotive, media (television), telecom and service industries. Dr Kühn has handled numerous national and international arbitration proceedings as arbitrator or counsel in respect to mergers and acquisitions, investment treaties, joint ventures, construction project contracts, turnkey plant contracts, gas price disputes on behalf of German and mainly international corporate parties or clients.

Dr Kühn is an honorary member of the German Institution of Arbitration (DIS); past chairman arbitration committee of the International Bar Association; past member ICC International Court of Arbitration.

Dr Kühn is the author of numerous books and articles. His publications include "Commercial Arbitration in Germany", Arbitration World 2003 (Wolfgang Kühn and Ulrike Gantenberg); "Die CME Saga", SchiedsVZ (Wolfgang Kühn and Ulrike Gantenberg); "How to avoid conflicting Awards - The Lauder and CME Cases", Journal of World Investment & Trade (Wolfgang Kühn and Ulrike Gantenberg) February 2004; Liber Amicorum Professor Dr Peter Schlosser, April 2005; "Common Law vs Civil Law Proceedings in Commercial Arbitration", Liber Amicorum Dr Lüer, 2008; "Current Issues concerning the application of the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards", Journal of International Arbitration, 2008; "Arbitration and Insolvency", The Practice of Arbitration, 2012; and "Insolvency and Arbitration", Liber Amicorum Hans van Houtte, 2012,“MFN Clauses and Dispute Resolution Provisions in International Investment Arbitration: An Overview”, Fordham Law School in New York 2014; "Defaulting Parties and Default Awards in International Arbitration", Liber Amicorum Gerhard Wegen, March 2015; "Adjudication in International Arbitration", Liber Amicorum Siegfried Elsing, 2015.

WWL says: “Kühn is a very devoted arbitrator” who “handles the various parties and witnesses masterfully”.

This biography is an extract from Who's Who Legal: Germany which can be purchased from our Shop.

Who's Who Legal Arbitration: Lawyers

Dr Wolfgang Kühn is a senior partner of Heuking Kühn Lüer Wojtek, a major German law firm with more than 300 lawyers and offices in Berlin, Brussels, Chemnitz, Cologne, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart and Zurich. The firm engages in general corporate and commercial, international arbitration and M&A.

Dr Kühn's area of practice is corporate law, mergers and acquisitions and international arbitration. Dr Kühn has advised national and foreign clients in a large number of M&A transactions, inter alia, related to the energy, automotive, media (television), telecom and service industries. Dr Kühn has handled numerous national and international arbitration proceedings as arbitrator or counsel in respect to mergers and acquisitions, investment treaties, joint ventures, construction project contracts, turnkey plant contracts, and gas price disputes on behalf of German and mainly international corporate parties or clients.

Dr Kühn is an honorary member of the German Institution of Arbitration (DIS); past chairman arbitration committee of the International Bar Association; and past member ICC International Court of Arbitration.

Dr Kühn is the author of numerous books and articles. His publications include "Commercial Arbitration in Germany", Arbitration World, 2003 (Wolfgang Kühn and Ulrike Gantenberg); "Die CME Saga", SchiedsVZ (Wolfgang Kühn and Ulrike Gantenberg); "How to avoid conflicting Awards – The Lauder and CME Cases", Journal of World Investment & Trade, February 2004 (Wolfgang Kühn and Ulrike Gantenberg); Liber Amicorum Professor Dr Peter Schlosser, April 2005; "Common Law vs Civil Law Proceedings in Commercial Arbitration", Liber Amicorum Dr Lüer, 2008; "Current Issues concerning the application of the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards", Journal of International Arbitration, 2008; "Arbitration and Insolvency", The Practice of Arbitration, 2012; and "Insolvency and Arbitration", Liber Amicorum Hans van Houtte, 2012; “MFN Clauses and Dispute Resolution Provisions in International Investment Arbitration: An Overview” – Fordham Law School in New York, 2014; "Defaulting Parties and Default Awards in International Arbitration", Liber Amicorum Gerhard Wegen, March 2015; "Adjudication in International Arbitration", Liber Amicorum Siegfried Elsing, 2015.

WWL says: Wolfgang Kühn is a senior figure in international arbitration, sophisticated and immensely knowledgeable.

This biography is an extract from Who's Who Legal: Arbitration which can be purchased from our Shop.

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