Susanne Schwalb

Susanne Schwalb

Counsel
Rechtsanwältin

CMS Hasche Sigle
Nymphenburger Straße 12
80335 Munich
Germany
Languages German, English, French, Spanish

Susanne Schwalb mainly represents clients in international arbitration proceedings. She also has several years of experience as secretary or assistant to the tribunal. She specialises in commercial arbitration, particularly shareholder and post-M&A disputes, specifically in the telecommunications and life sciences sectors, as well as supply and distribution agreement disputes. Susanne also advises on investment arbitration proceedings under ICSID and UNCITRAL Rules, with a focus on disputes related to plant construction and services of general interest.

Susanne joined CMS in 2014 and was made counsel in 2019.

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Relevant experience

Commercial arbitration

  • German company | Representation in ICC arbitration proceedings against German automotive supplier (ongoing)

  • German company | Representation in ICC arbitration proceedings against subsidiary of a Dutch group regarding a dispute arising from a contract for work and services (ongoing)

  • International group of sellers | Advising on post-M&A dispute in life sciences sector (ongoing, DIS arbitration proceedings)

  • Tribunal secretary in shareholder dispute between a Southern European company and other shareholders from an African state (ICC arbitration proceedings)

  • Tribunal secretary in post-M&A dispute between a Central European and an Eastern Asian company (ICC arbitration proceedings)

  • Tribunal secretary in distribution agreement dispute (automotive industry) between contracting parties from various Eastern Asian states (JCAA arbitration proceedings)

Investment arbitration

  • Central Asian government | Representation in ICSID arbitration proceedings against US investor (ongoing)

  • German company | Advising on preparation for ICSID proceedings against North African country

  • Central European company | Advising on preparation for arbitration proceedings against Southern European country

  • Assistant to the tribunal in ICSID arbitration proceedings between Australian investor and Central Asian country (ongoing)

  • Assistant to the tribunal in ICSID arbitration proceedings between European investor and Southern American country

  • Assistant to the tribunal in arbitration proceedings between a Southern European investor and an Eastern European country (ad hoc arbitration under UNCITRAL Rules)

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Education

  • 2013: Second state examination in law

  • 2011 - 2013: Trainee lawyer at Munich Higher Regional Court

  • 2011: First state examination in law

  • 2006 - 2011: Law studies with a focus on corporate, capital markets and insolvency law at the University of Munich

  • 2005/2006: Graduation in Washington D.C. (US High School Diploma and German Abitur)

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Memberships

  • German Institution of Arbitration (DIS)

  • DIS40 (German initiative of young arbitrators)

  • International Court of Arbitration Young Arbitrators Forum (ICC YAF)

  • International Council for Commercial Arbitration (Young ICCA)

  • Swiss Arbitration Association (ASA Below 40)

  • ArbitralWomen and Young ArbitralWomen Practitioners (YAWP)

  • Young International Group of the London Court of International Court of Arbitration (YIAG)

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Feed

Show only
03/04/2019
Ger­man Fed­er­al Su­preme Court re­jects Achmea's com­plaint that its right...
At the end of Janu­ary, the Ger­man Fed­er­al Court of Justice (BGH) is­sued an­oth­er de­cision in the mat­ter of Achmea B. V. v. The Slov­ak Re­pub­lic. As already re­por­ted, in its de­cision of 31 Oc­to­ber 2018 the BGH an­nulled the ar­bit­ral award made in fa­vour of Achmea.
18/02/2019
CJEU Ad­voc­ate Gen­er­al ap­proves In­vest­ment Court Sys­tem in EU-Canada...
On 29 Janu­ary 2019, Ad­voc­ate Gen­er­al Yves Bot of the EU Court of Justice (CJEU) pub­lished his opin­ion that the in­vestor-state dis­pute set­tle­ment mech­an­ism of the EU-Canada Com­pre­hens­ive Eco­nom­ic and Trade Agree­ment (CETA) is com­pat­ible with EU law.
13/12/2018
The Ger­man Fed­er­al Court of Justice rules in Achmea – entry in­to the...
In its re­cent de­cision (I ZB 2/15), the Ger­man Fed­er­al Court of Justice (BGH) set aside the award ob­tained by the Dutch in­vestor Achmea against the Slov­aki­an Re­pub­lic. The BGH's de­cision came down on 31 Oc­to­ber 2018 and was not un­ex­pec­ted giv­en that the Ger­man.
16/11/2018
Third-Party Fund­ing in in­ter­na­tion­al in­vest­ment ar­bit­ra­tion – en route...
Over the last couple of years, Third-Party Fund­ing (TPF) has be­come more and more com­mon with­in in­ter­na­tion­al in­vest­ment ar­bit­ra­tion. Ac­cord­ing to a re­port pub­lished by the In­ter­na­tion­al Coun­cil for Com­mer­cial Ar­bit­ra­tion (ICCA) in 2015, 60 % or more of all.
25/09/2018
In the Af­ter­math of Achmea – Does Vat­ten­fall En­sure the Fu­ture for...
On 6 March 2018, the EU Court of Justice (CJEU) held in its Achmea rul­ing that dis­pute set­tle­ment pro­vi­sions provid­ing for ar­bit­ra­tion in in­tra-EU bi­lat­er­al in­vest­ment treat­ies (BITs) are in­com­pat­ible with EU law.
27/11/2017
Car­tel Dam­ages Claims - Claims Arising Out of Con­tracts?
Re­gion­al Court of Dortmund, Judg­ment of 13 Septem­ber 2017 – 8 O 30/16 (Kart) On 13 Septem­ber 2017, the Re­gion­al Court of Dortmund (“LG Dortmund”) passed a judg­ment on wheth­er car­tel dam­ages claims fall with­in the scope of an ar­bit­ra­tion clause con­tained in.
06/06/2017
Sub­stance over Form – When Is an Ar­bit­ral Tribunal an Ar­bit­ral Tribunal?
High­er Re­gion­al Court of Frank­furt a. M. , De­cision of 2 Feb­ru­ary 2017 – 26 Sch 6/16 The de­cision of the High­er Re­gion­al Court of Frank­furt a. M. deals with the ques­tion of when a de­cision by a pan­el ves­ted by the parties with the task of resolv­ing their dis­putes.