ao link
Who's Who Legal
Who's Who Legal
Menu
Thought Leaders

Thought Leaders

Thought Leader

WWL says

Daniel Greineder is “a highly intelligent lawyer, familiar with the issues in construction law” remark sources who add, “He is a bright legal mind and a hardworking practitioner.”

Questions & Answers

Daniel Greineder is a partner at Peter & Kim Ltd in Geneva, a dispute resolution practice with offices in Switzerland, Korea, Australia and Singapore. He trained as a barrister at Keating Chambers in London, specialising in construction and engineering disputes. Before moving to Switzerland in 2011, he was an associate in the arbitration group of a major US law firm in London. In his highly international practice, he attaches special importance to advocacy, both written and oral, and his work often involves complex expert evidence and the application of foreign law.

What inspired you to pursue a legal career?

I came to the law a little later than most, having first completed a doctorate in the humanities at Oxford. The skills I acquired there have stood me in good stead in legal practice. I learnt to develop complex arguments, to research and evaluate texts, and to defend my conclusions in argument. I could be quite argumentative in seminars to the point where my supervisor wondered if I would not be happier arguing in court. 

What challenges accompany working in cases involving common and civil substantive law?

The real difference – and challenge – goes deeper than the much-discussed different views of good faith. Approaches differ as to drafting and interpreting contracts, the status of academic commentary and the emphasis on the law as a coherent system as opposed to a collection of case law. Moreover, lawyers often underestimate the differences between legal systems within the common and civil law worlds. 

My approach is to analyse the facts thoroughly. Cases typically raise far more factual than legal problems. Once I have identified the real legal issues, I work, if necessary with co-counsel, to present them economically giving the tribunal the confidence and tools necessary for deciding the case.  

What procedural issues in construction arbitrations do you see arising from covid-19 where the majority of participants continue to live under lockdown? 

Construction arbitrations face the same challenges as arbitrations arising in other industry sectors but to a greater degree because of their factual complexity. The crisis has made gathering evidence, meeting clients, visiting sites and attending hearings much harder. These challenges should encourage practitioners to reflect critically on how to present cases more concisely and cut the number of meetings and amount of travel to the essential minimum.

Virtual hearings are fashionable, but we should not write off in person hearings. Like many of my clients, I think it is desirable for counsel and party representatives to be in the same room for an evidentiary hearing, preferably with the tribunal. I foresee hybrid hearings where some witnesses and perhaps junior lawyers join by video link and only the key players are in the hearing room. Let’s learn the lessons of the crisis and embrace new technologies, for example, by adopting remote interpreting and transcription services.

Are cash flow issues stopping parties from bringing claims?

It is too soon for us to say. In recent months, clients have faced more pressing problems than bringing arbitration claims. Still, I expect a plethora of new disputes. Many will result directly from disruption to supply chains or the disputed occurrence of force majeure events. Others will have only tangential links to the covid-19 crisis, such as corporate disputes triggered among JV partners by the unexpected economic downturn.

Clients will be more cost-conscious and demand lawyers who offer and add value, for example, by crafting efficient procedural solutions. They will also need to take account of changed commercial realities and consider carefully whether it is even worth bringing a claim against a struggling respondent that may be at risk of insolvency.

What do clients look for when selecting a lawyer for a construction dispute?

Clients expect pragmatic, commercially minded lawyers who enjoy the nitty-gritty of technical detail and are as at ease in a hard hat as a business suit. Completing a construction project involves the administration of a complex contract. Industry professionals tend to be legally quite sophisticated, and they expect lawyers to have a good knowledge of their business. Finally, they deserve straightforward good service. I have known lawyers to complain if a plumber does not return their call, only to keep clients waiting for an answer to a simple question. 

What challenges do issues of corruption and public policy pose to arbitral tribunals deciding construction disputes? 

Every arbitral award must comply with public policy and tribunals rightly take allegations of corruption very seriously. In practice, dealing with allegations is difficult, and the community still has work to do finding the right approach. Tribunals understandably hesitate to find that a person – especially a non-party – has carried out a criminal or dishonest act. Yet, they do not always have the powers to compel the evidence and witnesses necessary for assessing an allegation. Sometimes, arbitrators, who typically have a background in commercial and private international law, find it a challenge to assess the alleged wrongdoing. For example, they may be required to review the propriety of a tender carried out under the administrative law of a foreign jurisdiction. 

Where, in your opinion, does the future of the practice area lie?

The practice area will follow developments in the industry. Tomorrow’s construction lawyer must be ready for increased digitisation, greater recognition of ecological and human rights concerns, and the need for prudent planning in an economically and politically uncertain world.

Regions and economies are developing at different rates and in different directions. Tomorrow’s lawyer must be alive to those differences and cannot fall back on a “one-size-fits-all” approach. Regional knowledge is crucial. 

What advice would you give to those interested in working in construction law?

Practising construction law calls for precise drafting, an eye for detail, and a genuine interest in technical matters. If you are not open to learning about different types of cement or the difficulties of cladding contractors, you will struggle. Facts really matter. I know of no other area of my practice where causation and time are assessed as meticulously.

On a personal note, take every opportunity to learn from anyone who does something well, whether it is a leading arbitrator deciding a difficult point of law or an unflappable paralegal who manages the hearing bundle late at night.

Global Leader

WWL Ranking: Recommended

WWL says

"He is a very focused lawyer with a quick mind"
"Very bright and eloquent"
"He is a very sharp lawyer with wealth of experience"
"Daniel has great academic knowledge"
"A brilliant lawyer"

Biography

Daniel Greineder is a partner in the Geneva office of Peter & Kim, a unique, specialist arbitration practice with offices in Switzerland, Korea, Australia and Singapore. He trained at the London commercial bar and practised in the arbitration group of a leading US law firm in London before moving to Switzerland in 2011.

Daniel Greineder advises and represents parties to arbitrations. As a barrister, he attaches special importance to advocacy, both written and oral. In his diverse practice, he routinely works with lawyers from different common and civil law backgrounds and many of his cases involve the application of foreign law. In this, he benefits from being a native speaker of English as well as German.

He is familiar with the rules of the leading arbitral institutions and has worked on questions concerning the procedural laws of numerous arbitral seats, including Geneva, London and Singapore.

He has particular expertise in disputes arising out of M&A transactions, the oil and gas sector, including unconventional gas, JVs and construction projects. He also advises parties to contractual price reviews under long-term agreements for the supply of gas and electricity. Much of his practice involves complex factual and expert evidence, in particular damages calculations.

Geographically, recent cases have involved parties from throughout Europe, the CIS countries, Asia, including China, and Turkey.

Daniel Greineder frequently contributes to debates about arbitral practice as a conference speaker and in his publications. He was educated at the University of Oxford and City University, London, where he received numerous awards. He is an English-qualified barrister and a registered foreign lawyer in Geneva.

Construction 2020

Professional Biography

WWL Ranking: Recommended

WWL says

Daniel Greineder is “a highly intelligent lawyer, familiar with the issues in construction law” remark sources who add, “He is a bright legal mind and a hardworking practitioner."

Biography

Daniel Greineder is a partner in the Geneva office of Peter & Kim, a unique, specialist arbitration practice with offices in Switzerland, Korea, Australia and Singapore. He trained at the London commercial bar and practised in the arbitration group of a leading US law firm in London before moving to Switzerland in 2011.

Daniel Greineder advises and represents parties to arbitrations. As a barrister, he attaches special importance to advocacy, both written and oral. In his diverse practice, he routinely works with lawyers from different common and civil law backgrounds and many of his cases involve the application of foreign law. In this, he benefits from being a native speaker of English as well as German.

He is familiar with the rules of the leading arbitral institutions and has worked on questions concerning the procedural laws of numerous arbitral seats, including Geneva, London and Singapore.

He has particular expertise in disputes arising out of M&A transactions, the oil and gas sector, including unconventional gas, JVs and construction projects. He also advises parties to contractual price reviews under long-term agreements for the supply of gas and electricity. Much of his practice involves complex factual and expert evidence, in particular damages calculations.

Geographically, recent cases have involved parties from throughout Europe, the CIS countries, Asia, including China, and Turkey.

Daniel Greineder frequently contributes to debates about arbitral practice as a conference speaker and in his publications. He was educated at the University of Oxford and City University, London, where he received numerous awards. He is an English-qualified barrister and a registered foreign lawyer in Geneva.

National Leader

Switzerland - Arbitration 2021

Professional Biography

WWL Ranking: Recommended

WWL says

Peers applaud Daniel Greineder for his top-tier performance "as counsel on large projects and construction disputes". He receives additional praise as "an excellent legal writer".

Biography

Daniel Greineder is a partner in the Geneva office of Peter & Kim, a unique, specialist arbitration practice with offices in Switzerland, Korea, Australia and Singapore. He trained at the London commercial bar and practised in the arbitration group of a leading US law firm in London before moving to Switzerland in 2011.

Daniel Greineder advises and represents parties to arbitrations. As a barrister, he attaches special importance to advocacy, both written and oral. In his diverse practice, he routinely works with lawyers from different common and civil law backgrounds and many of his cases involve the application of foreign law. In this, he benefits from being a native speaker of English as well as German.

He is familiar with the rules of the leading arbitral institutions and has worked on questions concerning the procedural laws of numerous arbitral seats, including Geneva, London and Singapore.

He has particular expertise in disputes arising out of M&A transactions, the oil and gas sector, including unconventional gas, JVs and construction projects. He also advises parties to contractual price reviews under long-term agreements for the supply of gas and electricity. Much of his practice involves complex factual and expert evidence, in particular damages calculations.

Geographically, recent cases have involved parties from throughout Europe, the CIS countries, Asia, including China, and Turkey.

Daniel Greineder frequently contributes to debates about arbitral practice as a conference speaker and in his publications. He was educated at the University of Oxford and City University, London, where he received numerous awards. He is an English-qualified barrister and a registered foreign lawyer in Geneva.

WWL Ranking: Recommended

WWL says

Daniel Greineder is a highly respected figure in the construction sector, where he impresses with his significant experience handling complex disputes including international arbitration proceedings.

Biography


Daniel Greineder is a partner in the Geneva office of Peter & Kim, a unique, specialist arbitration practice with offices in Switzerland, Korea, Australia and Singapore. He trained at the London commercial bar and practised in the arbitration group of a leading US law firm in London before moving to Switzerland in 2011.

Daniel Greineder advises and represents parties to arbitrations. As a barrister, he attaches special importance to advocacy, both written and oral. In his diverse practice, he routinely works with lawyers from different common and civil law backgrounds and many of his cases involve the application of foreign law. In this, he benefits from being a native speaker of English as well as German.

He is familiar with the rules of the leading arbitral institutions and has worked on questions concerning the procedural laws of numerous arbitral seats, including Geneva, London and Singapore.

He has particular expertise in disputes arising out of M&A transactions, the oil and gas sector, including unconventional gas, JVs and construction projects. He also advises parties to contractual price reviews under long-term agreements for the supply of gas and electricity. Much of his practice involves complex factual and expert evidence, in particular damages calculations.

Geographically, recent cases have involved parties from throughout Europe, the CIS countries, Asia, including China, and Turkey.

Daniel Greineder frequently contributes to debates about arbitral practice as a conference speaker and in his publications. He was educated at the University of Oxford and City University, London, where he received numerous awards. He is an English-qualified barrister and a registered foreign lawyer in Geneva.

Law Business Research
Law Business Research Ltd
Meridian House, 34-35 Farringdon Street
London EC4A 4HL, UK
© Law Business Research Ltd 1998-2021. All rights reserved.
Company No.: 03281866