Schwartz, Joseph

Joseph is a German Attorney and admitted to the Berlin Bar since 2014. Before joining WAGNER Arbitration in 2015, he worked for various domestic and international law firms, i.a. as an Attorney focusing on dispute resolution, litigation and arbitration as well as corporate law. He acts both as party counsel and as arbitrator. His professional experience and expertise in dispute resolution and arbitration include numerous proceedings administered by the ICC, DIS, DIA, GMAA and other institutions, inter alia as arbitrator, lead counsel and secretary to the arbitral tribunal. In addition to his involvement in arbitral and court disputes, his experience includes the negotiation and consultation in several extrajudicial (contractual- and shareholder-) disputes, the drafting and negotiating of commercial contracts and corporate advice. Because of his interest in technology and his experience with corporate matters, he has advised various start-up companies and regularly handles matters with a focus on IT- and technical aspects. He holds a doctorate degree from Berlin Humboldt University in Commercial Energy Law. Joseph has been recognized as Best Lawyer's "Lawyer of the Year 2023" for International Arbitration in Berlin.

Selected recent engagements: Party-appointed arbitrator in a post-M&A dispute, primarily relating to matters of contract interpretation and earn-out matters (DIS Arbitration). Counsel to a Polish party in ICC arbitration proceedings and out-of-court negotiations in a post-M&A dispute relating to a 190m EUR transaction. Party-appointed arbitrator in a dispute relating to financial advisory services administered by the Polish Lewiatan Court of Arbitration. Counsel to an Australian IT service provider in a dispute with a German DAX subsidiary (DIS Arbitration). Counsel to a German software developer regarding their international commercial distribution and venture agreements and their licensing models. Sole arbitrator in a commercial dispute between a Canadian textile company and a Danish textile manufacturer (DIA Arbitration). Party-appointed arbitrator in a shareholder dispute between the shareholders of an engineering company (DIS Arbitration). Counsel to a German engineering company in a dispute with a Croatian Port / Shipyard Operator in a dispute (ICC Arbitration) relating to commercial, engineering and construction matters. Counsel to a German engineering company in a dispute with a Russian Port Operator in a dispute (ICC Arbitration) relating to engineering and construction matters. Counsel to a German manufacturer/distributor in a dispute with a Russian manufacturer (ad-hoc arbitration proceedings under the UNCITRAL International Arbitration Rules), involving matters of contract interpretation and the technical details of manufacturing thermoelectric elements, licensing, and distribution questions. Counsel to an international pharmaceutical company in a dispute with a clinical research organsiation (CRO) (ICC).

• Author of the chapter “Artificial Arbitration? Chancen und Grenzen IT-gestützter Streitbeilegung. Oder: Ein kleiner Ausflug in die Welt der Technik” (“Artificial Arbitration? Opportunities and Limits of IT-supported Dispute Resolution. Or: A Little Excursion into the World of Technology”) in Mehrparteienschiedsverfahren, Rüdiger Wilhelmi, Michael Stürner (eds.), Springer Fachmedien Wiesbaden GmbH
• Author of the chapter “Country Report: Commercial Arbitration in Germany” in The Cambridge Handbook of Judicial Control of Arbitral Awards, Larry A. DiMatteo, Marta Infantino, Nathalie Potin (eds.), Cambridge University Press
• Co-author on international conflict management (Landbrecht/Gabriel, Konfliktmanagement im internationalen Rechtsverkehr), Nomos/Stämpfli/NWV Verlag
• “Die Zulässigkeit der Erhebung von Baukostenzuschüssen nach nationalem und europäischem Wirtschaftsrecht“ (“The admissibility of charging contributions towards network building costs under national and European energy law”), Dissertation, Herbert Utz Verlag, München
• Perspektiven für Objektnetzbetreiber nach dem Urteil des BGH vom 24. August 2010, Recht der Energiewirtschaft (RdE) 2011, p. 177 et seq.