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Bajar Scharaw
Counsel

Dr Bajar Scharaw, LL.M. (UQ)

Attorney at Law | Counsel

Languages
  • English
  • German
Social media

Bajar Scharaw is a disputes counsel at CMS and a specialist in investment arbitration, investment protection, and public international law.

He acts as advocate in international arbitrations and arbitration-related court proceedings. He advises on issues of international economic law, with a particular emphasis on international investment law, including its relationship to international taxation, international environmental law, and business and human rights. He also advises on investment structuring and the enforcement of awards and judgments. He works across several sectors, including mining, energy, oil and gas, construction, infrastructure, healthcare, corporate/post-M&A, international sale of goods, and supply contracts.

Bajar has been appointed to the ICSID Panel of Arbitrators and Conciliators. He has extensive experience representing corporate clients and states in investment arbitrations under bi- and multilateral investment treaties, as well as contracts between investors and governments or state-owned entities. He has also acted as counsel in numerous commercial arbitrations under various substantive laws, including German, Swiss, English, Chinese, and CISG law.

His recent work includes a wide range of complex cross-border disputes, such as arbitral proceedings under the ICSID Convention, as well as under the ICC, Swiss, LCIA, SCC, HKIAC, MIAC, DIS, CIETAC, and UNCITRAL Rules. He has appeared as counsel, conducting advocacy and cross-examinations before various commercial and investment tribunals, including oral hearings at ICSID in Washington, D.C.

Bajar holds a PhD (Dr. iur.) in international investment law and investment arbitration and is admitted to the bar in Germany. Prior to joining CMS, he worked as a disputes lawyer in the arbitration groups of London- and U.S.-based international law firms. He is an Adjunct Lecturer at the University of Mannheim in Germany and an Adjunct Associate Professor at the National University of Mongolia, where he teaches international investment law and investment arbitration. He regularly speaks and publishes on these topics.

Bajar has been engaged by the U.S. Department of Commerce as an arbitration expert. He has also been appointed to the Panel of Arbitrators at the Mongolian International Arbitration Centere (MIAC) and is an Accredited Mediator (London-trained and CIArb-recognised).

Relevant experience

  • Representing Mongolia in a multi-million-dollar investment arbitration under the ICSID Convention and the U.S.-Mongolia Bilateral Investment Treaty in the gold mining sector (ICSID Case No. ARB/21/8).
  • Representing the Federal Republic of Germany in a multi-billion-dollar investment arbitration under the ICSID Convention and the Energy Charter Treaty in the nuclear energy sector.
  • Representing Mongolia in a multi-million-dollar LCIA-administered arbitration under an investor-state contract in the gold and copper mining sector (seat of arbitration: London; governing law: Mongolian law).
  • Representing several European banks in a multi-million-dollar investment arbitration against the Kingdom of Spain under the ICSID Convention and the Energy Charter Treaty in the renewable energy sector.
  • Representing and advising an Asian country in an investment dispute under a Swiss bilateral investment treaty in the mining sector, including issues arising under Swiss bankruptcy law.
  • Advising investors from Germany, Singapore, and Canada on investor-state disputes with an Eastern European country under multiple bilateral investment treaties and investor-state contracts in the aviation sector.
  • Advising a European investor in an investor-state dispute with an African country in the public infrastructure and rail sector.
  • Advising an Asian country on state immunity issues in SCC award enforcement proceedings in England, Sweden, Belgium, Luxembourg, the Netherlands, and the United States.
  • Representing a U.S. tech company in a multi-million-dollar post-M&A arbitration with a German multinational company under the ICC Rules in the IT and healthcare sectors (seat of arbitration: London; governing law: German law).
  • Representing a German multinational company in arbitral proceedings with a French company under the ICC Rules in the steel manufacturing sector (seat of arbitration: Paris; governing law: English law and EU law).
  • Representing a German manufacturing company in a multi-million-dollar construction arbitration with a Turkish company under the ICC Rules (seat of arbitration: Zurich; governing law: Swiss law).
  • Representing a German multinational company in several arbitrations with companies in South America, Europe, and the Middle East under the Swiss Rules in the steel manufacturing and supply sector (seats of arbitration: Zurich and Geneva; governing law: Swiss law and CISG law).
  • Representing a German multinational company in arbitrations with companies in China under the CIETAC Rules in the steel supply sector (seat of arbitration: Beijing; governing law: Chinese law and CISG law).
  • Representing a Swedish company in arbitral proceedings with a Chinese company under the HKIAC Rules in the manufacturing and industrials sector (seat of arbitration: Hong Kong; governing law: German law).
  • Representing a German company in a multi-million-dollar arbitration with a Brazilian company under the ICC Rules in the medical cosmetic products sector (seat of arbitration: Rio de Janeiro; governing law: German law).
  • Advising German and Mongolian companies on contractual disputes and arbitrations under the Swiss Rules.
  • Advising a German sports association on negotiating and implementing business and human rights provisions in an international sports event contract with a state-owned company from the Middle East.

Publications

  • Achmea Upside Down: Role Reversal of Parties in Set-Aside Proceedings on Mixed Intra-EU Investment Arbitration. In: ASA Bulletin, 4/2025, pp. 789-806. 
  • Arbitrating Insolvency: The (Growing) Role of Bankruptcy in Investment Treaty Arbitration. In: German Arbitration Journal (SchiedsVZ), 4/2025, pp. 163-168.
  • Navigating Bankruptcy in Investment Treaty Arbitration: The Emerging Intersection with Insolvency Law, Kluwer Arbitration Blog, 22 September 2025.
  • Looking at Environmental Protection through the Lens of International Investment Law: Trends and Developments in Investment Treaty-Making and Investment Arbitration. In: German Arbitration Journal (SchiedsVZ), 4/2024, pp. 202-211.
  • Third-Party Funding in Investment Arbitration: Emerging Regulatory Framework and Tribunal Approaches to Disclosure and Requests for Security for Costs. In: German Arbitration Journal (SchiedsVZ), 2/2023, pp. 65-73.
  • From Courtrooms to Policy: Climate Change and Environmental Disputes before International Courts and Tribunals. In: International Disputes Digest – 2025 Summer Edition.
  • Mongolian International Arbitration Centre. In: Max Planck Encyclopedia of International Procedural Law (MPEiPro) (Oxford University Press) (2025).
  • An Overview of Mongolia's Minerals Law: Structure and Key Provisions. In: Journal of Foreign Trade, Sanctions, and Foreign Investment (Zeitschrift für das Recht der Außenwirtschaft, Sanktionen und Auslandsinvestitionen), 6/2025, pp. 301-306.
  • Investment Arbitration in Legal Practice: Interview with Dr Bajar Scharaw. In: Journal for Legal Education (Juristische Schulung), 1/2024.
  • Legal Protection of Foreign Investments in Mongolia. In: Journal of Foreign Trade, Sanctions, and Foreign Investment (Zeitschrift für das Recht der Außenwirtschaft, Sanktionen und Auslandsinvestitionen), 10/2024, pp. 598-603.
  • Sovereign Immunity in Germany. In: Lexology, 2025.
  • Higher Administrative Court compels German Government to change National Air Pollution Control Program. In: Lexology, 29 July 2024.
  • European Commission publishes Non-Paper of Model Clauses for Member States’ Bilateral Investment Agreements with Third Countries, Kluwer Arbitration Blog, 19 February 2024.
  • Sovereign Immunity in Germany. In: Lexology, 2024.
  • German Federal Court of Justice confirms that Findings of Achmea do not extend to Investment Arbitrations under Extra-EU BITs. In: Lexology, 15 February 2024.
  • The European Commission’s Non-Paper on Model Clauses for Member States’ BITs with Third Countries. In: Lexology, 6 February 2024.
  • Climate Disputes – German Court compels Federal Government to adopt Emergency Programs for Climate Protection. In: Lexology, 6 December 2023.
  • Sovereign Immunity in Germany. In: Lexology, 2023.
  • German Federal Court of Justice rules on Applications to declare two pending intra-EU ICSID Arbitrations inadmissible. In: Lexology, 3 August 2023.
  • Business and Human Rights – Verantwortung für Menschenrechte und Umweltschutz bei grenzüberschreitenden Wirtschaftsaktivitäten. In: Journal for Legal Education (Juristische Schulung), 1/2023, pp. 21-27.
  • Sovereign Immunity in Germany. In: Lexology, 2022.
  • Counterclaims in Investment Arbitration. In: Journal of European Legal Studies (Zeitschrift für europarechtliche Studien), Special Edition, 2021, pp. 165-185.
  • Sovereign Immunity in Germany. In: Lexology, 2021.
  • Schiedsverfahren und Geldwäsche. In: ICC Germany-Magazine, 10/2020.
  • Sovereign Immunity in Germany. In: Lexology, 2020.
  • Geldwäscheprävention in Schiedsverfahren. In: Comply – Fachmagazin für Compliance-Verantwortliche, 5/2020.
  • What are Moot Courts for? In: Neue Juristische Wochenschrift-Aktuell, 44/2019.
  • Sovereign Immunity in Germany. In: Lexology, 2019.
  • The (Provisional) End of Debates on Narrow Dispute Settlement Clauses in PRC First-Generation BITs? – China Heilongjiang et al. v. Mongolia. In: Arbitration International (Oxford University Press), 2/2018, pp. 293-306.
  • Sovereign Immunity in Germany. In: Lexology, 2018.
  • The Protection of Foreign Investments in Mongolia: Treaties, Domestic Law, and Contracts on Investments in International Comparison and Arbitral Practice. In: European Yearbook of International Economic Law Monographs (Springer, 2017), 358 pages.
  • Agreement between Canada and Mongolia for the Promotion and Protection of Investments – Nature, Significance and Features. In: Mongolia Focus – The University of British Colombia, 2017.
  • EU Commission Proposal for a Directive on Antitrust Damages and Recommendation on Principles for Collective Redress – The Road towards Private Antitrust Enforcement in the European Union? In: European Competition Law Review, 7/2014, pp. 352-360.  

 

Recent Blog Articles: 

 

Memberships & Roles

  • Arbitrator and Conciliator – ICSID Panel of Arbitrators and Conciliators 
  • Swiss Arbitration Ambassador – Swiss Arbitration Association (ASA)
  • Chartered Institute of Arbitrators (MCIArb)
  • Bar Association Frankfurt am Main (RAK-FFM)
  • Mongolian International Arbitration Centre (MIAC) – Arbitrator, appointed by the Mongolian National Chamber of Commerce and Industry (MNCCI)
  • International Law Association (ILA)
  • European Society of International Law (ESIL)
  • German Branch of the International Law Association (DVIR)
  • Swiss Arbitration Association (ASA)
  • German Arbitration Institute (DIS)
  • Singapore International Arbitration Centre (YSIAC)
  • Hong Kong International Arbitration Centre (HK45)
  • Pro Bono University of Mannheim

Education

  • Since 2025 – Accredited Mediator, London School of Mediation (CMC-registered, CIArb-recognised, IMI-approved), London, United Kingdom.
  • 2018-2025 – Counsel and Senior Associate at a London-based international law firm, specializing in international investment law, investment arbitration, and public international law, Frankfurt am Main, Germany.
  • 2017 – PhD (Dr. iur.) in International Investment Law and Investment Arbitration, University of Mannheim, Germany (summa cum laude).
  • 2016-2018 – Associate at a U.S.-based international law firm, specializing in international investment law and arbitration, Frankfurt am Main, Germany. 
  • 2014 – Visiting Scholar at the Glasgow Centre for International Law and Security, University of Glasgow, United Kingdom (EU-scholarship).
  • 2014-2016 – Visiting Scholar at the Max Planck Institute for Comparative Public Law and International Law, Heidelberg, Germany.
  • 2013 – LL.M. in International Economic Law, University of Queensland, Australia (Award for Outstanding Academic Excellence, Admission to the Dean’s Honour Roll).
  • 2012-2016 – Research Fellow, Chair of Public International Law and Legal Philosophy, University of Mannheim, Germany.
  • 2012 – Second State Exam in Law, Qualification as Attorney at Law, Higher Regional Court of Karlsruhe, Germany.
  • 2011 – Research Fellow, Chair of Public Law, Tax and European Law, and Regulatory Law, Zeppelin University, Friedrichshafen, Germany.
  • 2010 – First State Exam in Law (Mag. iur.), University of Constance, Germany.
  • 2010 – Research Fellow, Chair of Public Law, Legal Philosophy, and Media Law, Zeppelin University, Friedrichshafen, Germany.
  • 2008 – Research Assistant on the project “Legitimacy of a European Constitution”, Heidelberg Academy of Sciences, Heidelberg, Germany.
  • 2006 – B.A. in Political Science, Legal Studies, and Communication Sciences, University of Erfurt, Germany.

Further reading

  • From courtrooms to policy: climate change and environmental disputes before international courts and...

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