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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