OUR PROJECTS – A REPRESENTATIVE SELECTION

M&A TRANSACTIONS AND CORPORATE RESTRUCTURING

Representation of a U.S. corporation in the purchase of the business assets of an automotive supply company undergoing corporate restructuring
Advice to a private investment company regarding the acquisition of a majority interest in an IT subsidiary of a publicly listed conglomerate (buy & build strategy)
Acquisition (asset deal) of a multi-national IT manufacturing business unit with numerous long-term contracts and world-wide annual sales of roughly € 800 m for a foreign contract manufacturer
Set-up of a joint venture between Tier 1 supplier and OEM (automotive industry) by means of contributing both funds and operating assets
Counsel to CEO/minority shareholder to foreign company
Counsel to medium-sized company in the area of building technology in the process of an intended sale of its business
Acquisition of all shares in a power plant supply company with a revenue of € 50 m in the course of a bidding procedure for a DAX-company subsidiary
Divestiture of a German subsidiary of a large U.S. corporation in the area of refrigeration technology

CORPORATE LAW – CORPORATE FINANCE

Ongoing legal advice in all corporate law matters (incl. capital increases, general meetings)
Public takeovers: successful takeovers of publicly listed companies for investors
Representation in more than 50 transactions in the areas of venture capital and private equity during all financing stages (seed, early stage, expansion, MBO, MBI, etc.), quite often with international parties involved

INDUSTRIAL PLANT AND OTHER PROJECTS

Legal advice to chemical and pharmaceutical companies regarding their investment endeavors (active ingredients, petrochemicals, refineries), relating to such types of agreements as: EPC, EPCM, LSTK, GMP, design & build, conceptual design, basic & detail engineering, general planning, project management – tailor made for each individual project
Advice to various plant construction companies and component suppliers in the areas of civil engineering, power plant construction, nuclear facilities, steel construction, water supply and waste water treatment, waste and sludge incineration, exhaust cleaning, pharmaceuticals and chemicals, biogas, photovoltaic and wind power as well as mechanical engineering with regard to worldwide projects and tenders, e.g. located in Switzerland, France, Great Britain, Italy, Romania, Turkey, Latvia, Russia, India, China, Dubai, Singapore, Egypt, and U.S.A.
Drafting of agreements, including operating, service and maintenance agreements all the way to BOO and BOT models
Claims management for principals and contractors with conflict resolution, even in the supply chain
Advice with tenders by using international standard requirements such as FIDIC, ENAA, IChemE, JCT, Orgalime, ECE
Legal management of international joint venture relating to the set-up of a large refinery
Advice to an energy group regarding claims management and conflict resolution all the way to arbitration regarding a new power plant construction project
Assist investment fund with drafting and negotiating agreements relating to the implementation of a large photovoltaic plant
Advice to one of the sponsors of a pulp mill project implemented under a project financing arrangement
Contractual structuring of complex joint ventures in the pharmaceutical industry (owner, lender, project supervisor)
Representation of mid-sized engineering, construction and plant engineering companies with substantial projects from claims management to conflict resolution

ARBITRATION AND LITIGATION

Resolution of a dispute between principal and contractor following a fire and other operational problems at a coal fueled power station
Dispute between an Indian PVC manufacturer and a German supplier regarding alleged defects liability and liability for loss of profit in connection with the supplied production facility
Recourse proceedings vis-à-vis subcontractor following arbitration proceedings between general contractor and end customer arising out of constructional defects at a steel mill
Dispute between subcontractors and general contractor over additional costs in the construction of a refinery
Dispute between general contractor and construction subcontractor following reciprocal contract terminations in connection with a Latvian nuclear facility
Dispute with suppliers at a plant set-up arising out of contractual penalties and additional charges resulting from a delay in delivery
Dispute between network operator/energy group and installer in connection with damage to an underwater cable not covered by insurance
Arbitration proceedings between a Chinese solar panel manufacturer and German operating company concerning quality/productivity of panels supplied for a solar power park
Arbitration proceedings between general contractor and subcontractor after contract termination arising out of faulty painting of steel construction and replacement costs
Arbitration proceedings between general contractor and subcontractor as a result of defects in the construction of railway tracks
Arbitration proceedings between general contractor and principal over additional charges arising out of insufficient cooperation and access problems at the construction of an electricity route
Arbitration proceedings in the off-shore wind park sector
Post M&A arbitration proceedings in connection with undisclosed operational problems
Applicable arbitration rules: DIS, ICC, SIAC, Swiss Rules, UNCITRAL, ad hoc