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Portrait ofTom Christopher Pröstler

Dr. Tom Christopher Pröstler, LL.M. (Sydney)

Partner
Rechtsanwalt

CMS Hasche Sigle
Lennéstraße 7
10785 Berlin
Germany
CMS Hasche Sigle, Hong Kong LLP
57/F, One Island East, 18, Westlands Road Taikoo Place, Quarry Bay
Hong Kong S.A.R.
Hong Kong
Languages German, English

Tom Christopher Pröstler is a partner in CMS' dispute resolution group in Berlin and Hong Kong. With over a decade of experience, Tom advises his clients in complex, multi-jurisdictional disputes involving a wide range of applicable laws. He primarily acts in international arbitration proceedings under all major arbitration rules, including ICC, DIS, HKIAC, LCIA and UNCITRAL Rules. In addition, he advises on arbitration related court proceedings, transnational litigations and alternative dispute resolution proceedings. He also serves as arbitrator.

Tom has special expertise in disputes concerning large technology, construction, and development projects and in conflicts between western and Asian parties. Moreover, he regularly advises on commercial, corporate, and post-M&A disputes. His sector expertise includes engineering (esp. plants, infrastructure, software, and e-mobility), energy (esp. offshore wind and solar), mining, pharmaceuticals, medical technology, and consumer products.

Next to his legal practice, Tom regularly speaks and publishes on dispute resolution, international law, and legal tech subjects. He is a visiting lecturer at Humboldt-Universität zu Berlin, where he teaches courses on international arbitration, the CISG and legal tech, a visiting professor at the Universidad de Puerto Rico, where he teaches international arbitration, and co-editor and co-author of “International Construction Disputes – A Practitioner's Guide”.

Tom joined CMS Munich in 2013 and was part of the team that opened the new CMS Hong Kong office in 2016. Since 2018, he splits his time between Berlin and Hong Kong. He also leads the Legal Tech Initiative of the dispute resolution group of CMS Germany.

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"He is always one step ahead"

Who's Who Legal 2023

"Practice Area Award" for Commercial Arbitration

IFLR - Rising Stars Awards EMEA 2022

"Tom is proactive in structuring cases and always provides the best strategy for his clients"

Who's Who Legal 2023

Listed as "Arbitration Future Leader"

Who's Who Legal 2023

"Above-average technical expertise, assertive", client

The Legal 500 EMEA, 2022

Listed in "Rising Stars in Commercial Arbitration"

Expert Guides Rising Stars, 2019 - 2022

"He has exceptional persuasion skills in conjunction with an ability to present a case in a very straight forward manner"

Who's Who Legal 2023

"Jurisdictional Award" for Germany

IFLR - Rising Stars Awards EMEA 2022

Praised by clients

Global Arbitration Review (GAR 100), 2018

Relevant experience

Construction and Infrastructure

  • ICC arbitration in Geneva for a Central European plant manufacturer against a Southeastern European municipality concerning a water infrastructure project (value ca. EUR 45 million).
  • ICC arbitration in Zürich for a Central European plant manufacturer against a Southern European mining company concerning a plant construction project (FIDIC Yellow Book, value ca. EUR 40 million).
  • HKIAC arbitration in Hong Kong for a Central European plant manufacturer against an East Asian state authority concerning a major traffic infrastructure project (value ca. 13 million).
  • ICC arbitration in Zurich for a Southern European employer against a Western European contractor concerning a major offshore wind construction project in the Baltic Sea (FIDIC Yellow Book, value ca. EUR 100 million).
  • ICC arbitration in Paris for a Southern European general contractor against a Northern European employer concerning a CCGT power plant construction project in Central Europe (FIDIC Silver Book, value ca. EUR 30 million).
  • FIDIC adjudication in Berlin for a Southern European general contractor against a Southern European sub-contractor concerning a CCGT power plant construction project in Central Europe (value ca. EUR 7 million).
  • UNCITRAL arbitration in The Hague for a multi-national contractor against an Eastern European state entity regarding a road rehabilitation project (FIDIC Pink Book, value ca. EUR 4 million).
  • ICC arbitration in Paris for a state-owned employer against its former Central European contractor regarding a major traffic infrastructure project in Southeast Europe (FIDIC Yellow Book, value ca. EUR 145 million).

Technology and Development

  • ICC arbitration in Frankfurt a.M. for an East Asian pharmaceutical company against a Central European pharmaceutical company concerning a drug development and approval project (value > USD 12 billion).
  • DIS arbitration in Berlin for a German-Austrian consortium against a state in connection with a failed major IT and transport infrastructure project (value > EUR 550 million).
  • ICC arbitration in Hong Kong for the German and Chinese subsidiaries of a German technology group against a Chinese automotive company regarding the production and delivery of electromobility supplies (value ca. EUR 95 million).
  • DIS arbitration in Erlangen for a European plant manufacturer against a German software development company regarding a software development project.
  • Ad-hoc arbitration in Munich for a German company against an East Asian group regarding the development, production and delivery of telecommunication devices (value ca. EUR 15 million).
  • ICC arbitration in Singapore for a German technology start-up company against a multi-national group regarding a failed technology development joint-venture (value ca. USD 135 million).

Commercial, Corporate and Post-M&A

  • ICC arbitration in Basel and several court proceedings in Germany and Southern Europe for a Northern European company against several European companies in connection with the supply of medical protective equipment (combined value ca. USD 10 million).
  • Legal proceedings in Germany defending an East Asian company against a German company in connection with the supply of medical protective equipment (value ca. EUR 8 million).
  • Several parallel HKIAC/UNCITRAL arbitrations in Hong Kong for a mainland Chinese SOE against an Isle of Man company regarding renewable energy projects (combined value ca. 25 million).
  • DIS arbitration in Munich for an Eastern European company against a Chinese-invested Dutch company regarding a post-M&A dispute (value ca. EUR 3 million).

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Memberships & Roles

  • German Arbitration Institute (DIS)
  • Swiss Arbitration Association (ASA)
  • International Bar Association (IBA)
  • IBA Arbitration Committee
  • IBA International Construction Projects (ICP) Committee
  • International Council for Commercial Arbitration (ICCA)
  • Hong Kong International Arbitration Centre's HK45 (Regional Ambassador Germany)
  • Humboldt Moot Association (Board Member)
  • Munich Moot Association
  • Moot Alumni Association
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Publications

  • International Construction Disputes, Beck-Hart-Nomos 2022 (ed., with Andreas J. Roquette)
  • Arbitration (Commerical), in: A. Roquette/T. Pröstler (eds.), International Construction Disputes, Beck-Hart-Nomos 2022, p. 81 (with Adrian Bell)
  • The Digitalised Construction Site, in: A. Roquette/T. Pröstler (eds.), International Construction Disputes, Beck-Hart-Nomos 2022, p. 339 (with Eliane Fischer, Mino Han and Christina Täuber)
  • Legal Tech in Construction Disputes, in: A. Roquette/T. Pröstler (eds.), International Construction Disputes, Beck-Hart-Nomos 2022, p. 353 (with Eliane Fischer, Mino Han and Christina Täuber)
  • Arbitration in Hong Kong, in: D. Mantucci (ed.), L'Arbitrato Nelle Esperienze Straniere - Trattato di Diritto dell'Arbitrato (Vol. XI), Edizioni Scientifiche Italiane 2021, p. 613 (with Nicolas Wiegand)
  • Construction Contracts and Disputes, in: M. Moser/C. Bao (eds.), Managing "Belt and Road" Business Disputes: A Case Study of Legal Problems and Solutions, Wolters Kluwer 2021, p. 229 (with Mariel Dimsey and Nicolas Wiegand)
  • Enforcing arbitral awards in Germany, Lexis PSL Practical Note (with Evgenia Peiffer)
  • State immunity and arbitration in Germany, Lexis PSL Practical Note (with Susanne Schwalb)
  • Challenging the tribunal’s jurisdiction and anti-suit injunctions in Germany, Lexis PSL Practical Note (with Evgenia Peiffer)
  • Interim measures in support of arbitration in Germany, Lexis PSL Practical Note (with Susanne Schwalb)
  • Investitionsschutz entlang der Seidenstraße: Schiedsgerichtsbarkeit und Chinas neue "Seidenstraßengerichte", ICC Germany-Magazin, (6) Mai-November 2018, p. 32 (with Nicolas Wiegand)
  • The New Arbitration Rules of the German Institution of Arbitration (DIS): An Introduction to the New Dis-Rules from a Construction Arbitration Perspective, ICLR (3) 2018, p. 289 (with Andreas J. Roquette)
  • Up to Date Arbitration – Die neue DIS-Schiedsgerichtsordnung, BauR 6/2018, p. 900 (with Andreas J. Roquette)
  • Time Limits in International Arbitral Proceedings, in: P. Shaughnessy/S. Tung (eds.), The Powers and Duties of an Arbitrator – Liber Amicorum Pierre A. Karrer, Wolters Kluwer 2017, p. 279 (with Klaus Sachs)
  • Arbitration is becoming increasingly Asian, Business Law Magazine (3) Sept. 2015, p. 22 (with Nicolas Wiegand)
  • Res Judicata in International Arbitration – Both Common Ground and Source of Conflict, YAR, 4 (17) April 2015, p. 8 (with Susanne Schwalb)
  • Modelle betrieblicher Arbeitnehmerbeteiligung – Ein historisch-europäischer Rechtsvergleich zwischen Deutschland und dem Vereinigten Königreich, Schriften zum Arbeitsrecht und Wirtschaftsrecht vol. 91 (ed. Prof. Abbo Junker), Peter Lang 2015
  • How China-seated arbitration awards have been enforced Overseas – the English perspective, CIETAC HKAC Newsletter, 6/2014, p. 7 (with Sarah McIvor)
  • Willem C. Vis Moot – mehr als ein Studentenwettbewerb, SchiedsVZ, 5/2014, S. 248
  • The Rise of an Arbitration Giant: An Overview of the Development of the Chinese Law on Arbitration and the CIETAC Rules, Vindobona Journal, 15 (2) 2011, p. 217
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Lectures list

Since 2014, Tom gives an annual block seminar on "International Sales Law and Arbitration" at Humboldt-Universität zu Berlin (with Tobias A. Strecker) and a lecture on the "Recognition and Enforcement of Arbitral Awards" at the Frankfurt Drafting School. Since 2020, he also holds an annual block seminar on "International Arbitration" at the Universidad de Puerto Rico and, since 2022, a seminar on "Legal Tech in Dispute Resolution" in the International Dispute Resolution Masters (LL.M.) at Humboldt-Universität zu Berlin. In addition, he regularly holds lectures and presentations, in particular on international arbitration and dispute resolution as well as on construction, engineering and Asia related legal topics.

Selected lectures:

  • Outcome related fee structures – does a new era dawn?, HK45 & ASAb40 Joint Event, 13.01.2022, virtual
  • Brexit’s impact on international arbitration, DIS 40 London Brexit Spotlight, 25.03.2021, virtual
  • Schiedsklauseln und Schiedssprüche – was ist in China zu beachten?, CMS Maritime Breakfast, 13.11.2019, Hamburg
  • Early Conflict Resolution and Efficiency in Arbitration Proceedings, DIS and CIETAC Seminar at the China Arbitration Week, 05.11.2019, Beijing
  • Early Conflict Resolution – A New (and Better?) Answer to the Eternal Question of How To Best Control Time and Costs?, DIS Seminar at the Hong Kong Arbitration Week, 20.10.2019, Hong Kong
  • Diversity as Key Factor for Overcoming Biases – and for Addressing the Challenges Faced by International Arbitration, ICC YAF, 24.05.2019, Warsaw
  • HK45 & DIS 40 Arbitrator Skills Workshop, 31.03.2019, Hong Kong
  • Leaving the All Old White Boys Behind Us: an Economic Argument for Diversity in International Arbitration, Berlin Premoot Panel Discussion, 14.03.2019, Berlin
  • China - Arbitration in Zeiten der Belt und Road Initiative, DIS 40 Berlin: Rise and Shine with Arbitration, 13.03.2019, Berlin
  • Law Applicable in Arbitration, Guest Tutorial for the Humboldt IDR LL.M., 21.12.2018, Berlin
  • Concurrent Delay under Continental Law: the Civil Law Approach, Construction Roundtable, 14.06.2018, Vienna
  • Technological Development in Arbitration, 12th Annual Generations in Arbitration Conference, 11.03.2018, Hong Kong
  • Investment Protection in Europe from a Belt and Road Perspective, Asia International Arbitration Centre – First Asian Conference for Students and Young Practitioners, 01.03.2018, Kuala Lumpur
  • BRI Construction Projects, 3rd Annual ADR & Competition Law Summit, 15.11.2017, Beijing
  • Fair and Equitable Treatment, Guest Lecture at City University of Hong Kong, 10.10.2017, Hong Kong
  • How to Deal with Motions, Submissions and Evidence Not Foreseen in the Procedural Timetable? – Table Session Moderator, Co-Chairs' Circle Second Global Conference, 27.05.2016, Helsinki
  • The Influence of Party Consent on the Arbitral Process, XIII Vienna Generations in Arbitration Conference, 18.03.2016, Vienna
  • The Alabama Claims – The Origins of International Arbitration, 12th Willem C. Vis Moot Announcements Assembly, 19.03.2015, Hong Kong (for Colin J. Wall)
  • Non-Signatories in Arbitration – Taking Consent Seriously, YACF Seminar, 26.02.2015, Helsinki
  • Past Mooties' Paths into Successful International Arbitration Careers – Panel Discussion, VIII Hong Kong Generations in Arbitration Conference, 30.03.2014, Hong Kong
  • Multiple Contracts in a Single Arbitration – Art 10. CEPANI and beyond, 3rd Hanover PreMoot Conference, 06.03.2014, Hanover
  • Arbitration in China – Erfahrungen aus 3 Monaten im "wilden Osten", DIS40 Berlin, 28.11.2013, Berlin

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Education

  • Trainee lawyer at the Berlin High Court (Kammergericht) with stages in Munich and Shanghai
  • Research associate with an international law firm in Berlin
  • PhD on a comparative law subject at Humboldt-Universität zu Berlin
  • Advanced studies of process management at Ruhr-Universität Bochum
  • Master of Law (LL.M.) at the University of Sydney
  • Law studies, including foreign language legal studies of English law, at Humboldt-Universität zu Berlin and the Université de Genève
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Feed

04/12/2023
International arbitration law and rules in Hong Kong
Hong Kong is probably the only city in the world with three leading international arbitral institutions. These are HKIAC, CIETAC (with its CIETAC Hong Kong Arbitration Centre (CIETAC HKAC)), and ICC (with...
31/10/2023
CMS at the Seoul ADR Festival
Emergency arbitration: No longer a novelty but is it effective?
29/03/2023
Join CMS at the Paris Arbitration Week
CMS session followed by drinks reception
21/09/2021
Technology in the Conduct of Arbitration – Facing the Future
In two interactive panel sessions, we will discuss the impact of developing technologies in international arbitration, from two different perspectives. On our first panel we will consider the types of...
07/01/2021
CMS Germany starts new year with nine new partners
Berlin – Commercial law firm CMS Germany has appointed nine new partners as of the start of the new year. This will strengthen the partnership in the Employment, Restructuring & Insolvency, Dispute...
22/09/2019
IBA Annual Conference
Several of our partners will be at the IBA Annual Meeting in Seoul, South Korea, representing a range of jurisdictions, practice areas and sector specialisms. To arrange a meeting during the IBA, please...
09/08/2019
CMS advises investment manager Baillie Gifford on investment in FlixMobility
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10/04/2019
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Introduction In many jurisdictions, a standard feature of international arbitration is that parties to an arbitration agreement can request interim relief from national courts in support of ensuing or...
15/11/2018
CMS advises Grupa Azoty on acquisition of Compo Expert
Warsaw-listed stock corporation Grupa Azoty S.A. has entered into a conditional share purchase agreement for the acquisition of COMPO EXPERT group, headquartered in Münster, Germany, from XIO group...
06/09/2018
CMS advises Grupa Azoty on acquisition of COMPO EXPERT
Berlin – Warsaw-listed stock corporation Grupa Azoty S.A. has entered into a conditional share purchase agreement for the acquisition of COMPO EXPERT group, headquartered in Münster, Germany, from...