Jan K. Schaefer Partner International Arbitration and Litigation / Contracts and Business Torts Frankfurt: +49 69 257 811 200 Mobile: +49 171 3041424 jschaefer@kslaw.com Jan K. Schaefer heads our dispute resolution practice in Germany. As a partner in our International Arbitration and Contracts and Business Tort practices, Jan represents foreign and German clients in domestic and international arbitration matters, both commercial and investor-state. He appears before German courts in first- and second-instance matters, including the taking of evidence for foreign proceedings, interim relief and enforcement matters, and has an active international arbitrator practice. With substantial trial and arbitration experience, Jan represents clients in post merger and acquisition, joint venture, distribution, sales and license matters, as well as in foreign investment, construction and energy-related disputes, both within Germany and across international borders. Jan appears as counsel and advocate before German courts at the first- and second-instance levels, as well as before domestic and international tribunals in complex, high-value arbitration proceedings conducted under the auspices of International Chamber of Commerce, DIS (German Institution of Arbitration), Stockholm Chamber of Commerce, and International Centre for Settlement of Investment Disputes rules in multiple venues. He also has experience in ad hoc proceedings under both German and Swiss arbitration law, including United Nations Commission on International Trade Law rules. Jan often advises clients on compliance and corruption issues. In a number of high-profile, post- M&A matters, he has closely cooperated with criminal defense counsel to align defense strategies. In addition, Jan has served as chairman, party-appointed, sole or emergency arbitrator in some 50 arbitrations under a variety of rules, including ad hoc proceedings. He regularly advocates before the German courts on behalf of clients in commercial litigation and arbitration-related matters, including interim relief and enforcement proceedings. He also advises clients on effective, efficient resolution of disputes at early stages, including the use of alternative dispute resolution techniques. A frequent speaker and writer, particularly on international arbitration, Jan has been recognized in his field by Chambers Global, Chambers Europe, Legal 500 EMEA, the JUVE Handbook and other leading legal guides. Matters 1 www.kslaw.com 1
Representing a Korean industrial company in an ICC arbitration against Egyptian and Kuwaiti respondents, Paris seat, Egyptian law, English language, multimillion contract termination claim. Representing an Eastern European renewable energy company in DIS arbitration proceedings, German seat, German law, English language, delivery claims. Representing a U.S. renewable energy company in DIS arbitration proceedings, German seat, German law, English language, multimillion price-review dispute. Representing a German insurance company in ad hoc arbitration proceedings, German seat, German law, German language, post-m&a dispute re call-option. Representing a Dutch construction company in DIS arbitration proceedings, Düsseldorf seat, German law, English language, post-m&a dispute about a net-equity warranty and tort claims. Representing a German automotive company in ICC arbitration proceedings, Paris seat, Egyptian law, multimillion distributorship dispute re commission payment. Representing a German technology company in Swiss Rules arbitration proceedings, Zurich seat, Swiss law, patent-related dispute re ownership dispute workaround technology under consultancy agreement, co-counsel. Representing a Middle Eastern gas company in a multimillion price re-opener dispute, preparation of request for arbitration in ICC arbitration proceedings, Geneva seat, New York law. Representing a U.S agricultural company in ICC arbitration proceedings, Frankfurt-seated, Swiss law, dispute re violation of manufacturing agreement for noncompliance with FDA requirements. Representing various German investors in ICSID cases against Spain (Mathias Kruck and others v. Kingdom of Spain, ICSID Case No. ARB/15/23 and KS Invest GmbH and TLS Invest GmbH v. Kingdom of Spain, ICSID Case No. ARB/15/25). Representing German and other investors in an ICSID case against Italy (ESPF Beteiligungs GmbH et al. v. The Italian Republic (ICSID Case No. ARB/16/5). Advising a German utility company in investment disputes with several Eastern European states about ownership unbundling, case assessment, representing in amicable settlement discussions under the Energy Charter Treaty and the pertinent German bilateral investment treaties. Representing an Eastern European company in malpractice proceedings against a law firm relating to an arbitration before the district court of Munich. Representing a German real estate fund in a dispute with a German bank regarding the liquidation of an open-ended fund. Representing a U.S. technology company in Hague Convention proceedings before German courts for the taking of witness evidence for U.S. court proceedings. Advising a U.S. energy company on enforcement in Germany against assets of a Latin American state arising under a commercial arbitration award. Representing a Dutch construction company in litigation proceedings before the district court in Düsseldorf, post-m&a dispute. Representing a managing director in litigation proceedings before the district court in Cologne, www.kslaw.com 2 2
third-party notice in post-m&a dispute about director s liability. Representing an international bank in recognition and enforcement proceedings of a Luxembourg judgment in Germany under the Brussels Regulation. Chairman in a DIS arbitration, German parties, German law, German language, Leipzig seat, dispute relating to shareholder information request under corporate law. Chairman in a multiparty DIS arbitration, German parties, German law, German language, Dortmund seat, dispute relating to wind energy project and insurance claims. Chairman in a multiparty DIS arbitration, Polish and German parties, German law, English language, Frankfurt seat, post-m&a dispute. Party-appointed arbitrator in a multiparty DIS arbitration, German parties, German law, German language, Düsseldorf seat, post-m&a dispute. Party-appointed arbitrator in a multi-party NAI arbitration, Dutch parties, Dutch law, English language, Amsterdam seat, post-m&a dispute. Chairman in an ad hoc arbitration under the arbitration rules of the European Development Funds, Dutch and Dutch Antilles parties, Dutch Antilles law, English language, Curacao seat, dispute about sewage plant. Chairman in an ICC arbitration, Russian and German parties, Swedish law, English language, Stockholm seat, dispute about machine sale. Chairman in a DIS arbitration, German and Luxembourg parties, German law, German language, Frankfurt seat, gas price dispute under take-or-pay contract. Sole Arbitrator in an ICC arbitration, German and Australian parties, German law, English language, Frankfurt seat, industrial plant dispute in food industry. Credentials ADMISSIONS Frankfurt Frankfurt Court of Appeals ASSOCIATIONS Frankfurt, Germany (#135101) LANGUAGES English German www.kslaw.com 3 3
Recognition Most In-Demand Arbitrators CHAMBERS GLOBAL, 2017 Arbitration: Leading Names in the Market JUVE HANDBOOK/GERMAN COMMERCIAL LAW FIRMS, 2007 TO PRESENT "[He] is commercial but also has an in-depth knowledge of the law." CHAMBERS GLOBAL, 2017 "One of the strongest practitioners in Germany." INTERNATIONAL WHO'S WHO OF COMMERCIAL ARBITRATION, 2015 "Expansive advocacy skills" and "good commercial understanding. WHO'S WHO LEGAL GERMANY, 2014, QUOTING PEERS "He does not look to escalate situations, but to help us save on legal fees." CHAMBERS GLOBAL, 2014 "Clients appreciate [him] for his efficiency and pragmatic approach." CHAMBERS EUROPE, 2014 "[He] is calm, convincing and firm." CHAMBERS EUROPE, 2013 "A great orator who can convince other people." CHAMBERS EUROPE, 2012 45 Under 45 GLOBAL ARBITRATION REVIEW, 2011 Gillis Wetter Prize LONDON COURT OF INTERNATIONAL ARBITRATION, 2001 Insights THOUGHT LEADERSHIP June 23, 2017 Jan K. Schäfer to Present at Swiss Arbitration Academy Course June 13, 2017 Jan Schäfer to Speak at German Federal Ministry of Justice Symposium April 21, 2017 4 www.kslaw.com 4
Jan Schäfer to Speak on Evidence in Danish and International Arbitration in Copenhagen Events SPEAKING ENGAGEMENT October 24, 2017 Jan K. Schaefer to Speak at UNCTAD Regional Conference October 12, 2017 Jan K. Schaefer to Speak at Romanian-German Chamber of Commerce Annual Conference October 5, 2017 Jan K. Schaefer to Present at CEPANI/NAI Joint Colloquium News IN THE NEWS October 26, 2017 Source: Commercial Dispute Resolution The Arbitration Institute of the Stockholm Chamber of Commerce appoints Jan Schaefer as a new board member RECOGNITION October 30, 2017 Latest JUVE Handbook Recognizes Multiple King & Spalding Practices, Individuals June 26, 2017 Best Lawyers Names Leissner, Schäfer, Schilder Among Germany s Leading Lawyers www.kslaw.com 5 5