Altenkirch, Markus

Markus Altenkirch has advised and represented clients in more than 30 international arbitration cases involving mostly Post-M&A disputes as well as disputes arising from license and distribution agreements (in particular in the pharmaceutical industry). Moreover, Markus Altenkirch has experience in handling complex and fact-driven construction disputes involving the construction of power plants or petro-chemical plants.

• Since 2012: Baker McKenzie

- Represented an international chemical company in a DIS arbitration with an amount in dispute of more than EUR 100 million arising from a share purchase agreement concerning indemnification claims for third party claims. - Convinced a DIS Tribunal that a Taiwanese industrial conglomerate had been defrauded when acquiring a German Mittelstand company. The Tribunal awarded damages for the breach of a financial statements warranty on the basis of a valuation multiple and found that the limitation of liability clause in the share purchase agreement did not limit the client’s damages. - Currently representing and advising the former seller in a Post-M&A dispute concerning an earn-out mechanism and involving a purchase price claim of more than EUR 100 million. The dispute concerns the typical challenges for a seller who has no control of the company and its books but whose purchase price claim depends on the financial figures of the target company. - Achieved a 100% victory for a Chinese claimant in an HKIAC arbitration against a customer from Europe. The seat of arbitration was Hong Kong; the law applicable to the contract was Hong Kong law. Several obstacles had to be overcome such as a challenge of the Tribunal’s jurisdiction, parallel state court proceedings in Hong Kong, a joinder application, and a challenge to the Tribunal’s impartiality. In the end, the Tribunal awarded the requested sum in full plus interest and legal costs on an indemnity basis. - Successfully defended an international pharmaceutical company in a CIETAC arbitration seated in Shanghai against claims filed by the distributor following the termination of the distribution agreement. The arbitration not only involved legal arguments on the question whether the distribution agreement can be terminated without compensation, but also required expert evidence on the res judicata effect of arbitral awards under the Chinese arbitration law. - Successfully represented a German power plant owner in an ICC arbitration about delayed completion of the power plant with a sum in dispute of more than EUR 1 billion. The contractor raised a counterclaim in an amount of EUR 700 million arguing that the owner disrupted the contractor’s work and that the original EPC contract was frustrated. The tribunal dismissed the counterclaim in its entirety and granted the maximum liquidated damages for delayed completion in favor of the owner.

• Co-author (with Jörg Risse), "Minderheitsvoten in Schiedssprüchen: zulässigoder ein Verstoß gegen den Ordre public?," Betriebs Berater 2020, 2818 - 2826
• Author, "Annotation of Arts. 50-52, 72 in C. Brunner, UN-Kaufrecht-CISG, 2ndedition," 2014
• Author, "Die Beendigung des Schiedsrichtervertrags durch den Schiedsrichter,"SchiedsVZ 2014, 113
• Co-author, "The Complete (but Unofficial) Guide to the Willem C. VisInternational Commercial Arbitration Moot," 2013
• More than 20 blog posts on Global Arbitration News

Markus Altenkirch teaches at the University of Mainz and regularly publishes in the field of international arbitration. Markus Altenkirch is the editor of Global Arbitration News, Baker McKenzie's blog on international arbitration, and a Co-Chair of DIS 40. In 2019, Markus developed together with a team of lawyers the Disputes Clause Finder, an online tool to create a fit-for-purpose dispute resolution clause. Markus is described by peers as an "outstanding professional who is definitely one of the future leading arbitration lawyers" and ranked as Future Leader in International Arbitration by Who is Who Legal.