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Susanne Schwalb

Partner
Rechtsanwältin

Portrait ofSusanne Schwalb

Susanne Schwalb

Partner
Rechtsanwältin

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

Susanne Schwalb primarily advises and represents clients in international arbitration proceedings. She has a focus on international commercial arbitration and the protection of foreign investments where she advises both on the structuring of investments and in contentious proceedings. Susanne also has extensive practical experience in third-party funding.

In commercial arbitration, Susanne represents clients in post-M&A disputes as well as in disputes concerning failed (large-scale) projects, in particular in the technology, life sciences, infrastructure and energy sectors. She has specific experience in disputes over cross-border projects that involve numerous jurisdictions and applicable laws, as well as in arbitration proceedings against State-owned entities. When it comes to the protection of foreign investments, Susanne provides advice on the planning and implementation of investments as well as during the investment period. She also represents clients in investor-State arbitration proceedings and related domestic court proceedings. Susanne has many years of experience acting as party representative and as secretary/assistant to the arbitral tribunal in a large number of commercial arbitrations, including under the ICC, DIS, Swiss, LCIA, HKIAC and JCAA Rules as well as in >15 investor-State arbitrations under the ICSID Convention, UNCITRAL and SCC Rules. Susanne also regularly acts as arbitrator..

In addition, Susanne has negotiated comprehensive third-party funding agreements for several domestic as well as international arbitration proceedings and can therefore draw on extensive practical experience in the evaluation of the commercial and legal funding terms as well as the day-to-day handling of funded arbitration and court proceedings.

Susanne joined CMS in 2014 and became partner in 2022.

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Listed for Arbitration / Dispute Resolution / Mediation

Deutschlands beste Anwälte 2023 – Handelsblatt in Kooperation mit Best Lawyers

Listed for Arbitration / Dispute Resolution / Mediation

Deutschlands beste Anwälte 2023 – Handelsblatt in Kooperation mit Best Lawyers

„aufstrebend u. durchsetzungsstark“, Wettbewerbre

JUVE Handbuch, 2022/2023

Relevant experience

Commercial arbitration and conciliation

  • German-Austrian consortium | Representation in DIS arbitration against a sovereign State concerning a failed major project in the IT and transport sector
  • German Dax-40 company | Representation in DIS arbitration against the subsidiary of a US corporation concerning a failed global IT project
  • International group of sellers incl. several European PE investors | Representation in DIS arbitration against UK entity concerning post-M&A dispute in the life sciences sector
  • German company | Advice in DIS conciliation with European service provider concerning an IT-outsourcing project
  • German Dax-40 company | Representation in ICC arbitration against the subsidiary of a Dutch group concerning a dispute regarding a contract for work and services
  • German company | Negotiation and conclusion of third-party funding agreements in ICC arbitration against Dutch group of companies regarding post-M&A dispute in consumer electronics sector

Investment protection and investor-state arbitration

  • German Federal Ministry of Economics and Climate Protection | Advice in relation to possible investor-State proceedings against Russian State-owned entities
  • Central Asian government | Representation in ICSID investor-State arbitration against US investors
  • German DAX-40 company | Advice in relation to investor-State claims against Russia
  • German DAX-40 company | Advice in preparation of ICSID investor-State arbitration against Northern African State
  • Central European company | Advice in preparation of ECT investor-State arbitration against a Southern European country
  • Asian group of companies | Advice in relation to investor-State claims against South East Asian State
  • German publicly listed company | Structuring of investments in EU and non-EU countries
  • Tribunal assistant | > 15 additional investor-State arbitrations (ICSID, UNCITRAL, SCC), in particular concerning energy and infrastructure projects, i.a. against Hungary, Serbia, Kazakhstan, China, Pakistan, Republic of Korea, Argentina and Venezuela

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Memberships & Roles

  • German Arbitration Institute (DIS & DIS40)
  • Swiss Arbitration Association (ASA Below 40)
  • International Council for Commercial Arbitration (ICCA)
  • International Court of Arbitration Young Arbitrators Forum (ICC YAF)
  • Young International Group of the London Court of International Court of Arbitration (YIAG)
  • ArbitralWomen and Young ArbitralWomen Practitioners (YAWP)
  • Young Investor-State Dispute Settlement (ISDS) Club
  • Young ICSID (International Centre for the Settlement of Investment Disputes)
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Publications

  • "Most-Favoured Nation Treatment" in The Investment Treaty Arbitration Review, August 2023, available at https://thelawreviews.co.uk/title/the-investment-treaty-arbitration-review/most-favoured-nation-treatment (co-authored with Amy Wei)
  • "German Federal Supreme Court rules Intra-EU arbitration under the ICSID Convention inadmissible", 2 August 2023, available at https://cms-lawnow.com/en/ealerts/2023/08/german-federal-supreme-court-rules-intra-eu-arbitration-under-the-icsid-convention-inadmissible (co-authored with Marcus Weiler)
  • “Investment Treaty Arbitration: Germany”, in Global Arbitration Review Know-how Investment Treaty Arbitration, July 2023, available at https://globalarbitrationreview.com/insight/know-how/investment-treaty-arbitration/report/germany (co-authored with Eric Bremer and Vladyslav Kurylko)
  • “Investment Arbitration“ in Roquette / Pröstler, International Construction Disputes, A Practitioner’s Guide, June 2022 (co-authored with Klaus Sachs)
  • „Unanwendbarkeit der ECT-Schiedsklausel zwischen EU-Mitgliedstaaten“ – annotation to CJEU judgement of 2 September 2021, C-741/19, Zeitschrift für Schiedsverfahren (SchiedsVZ) 2022, 34 (co-authored with Marcus Weiler)
  • „Challenge to arbitral awards in Germany“, Lexis PSL Practical Note, November 2020 (co-authored with Evgenia Peiffer)
  • “Arbitral tribunal decides on questions of foreign law without appointing a tribunal expert – is this a violation of the right to be heard?”, 3 March 2020, available at https://www.cms-lawnow.com/ealerts/2020/03/arbitral-tribunal-decides-on-questions-of-foreign-law-without-appointing-a-tribunal-expert?cc_lang=en (co-authored with Tilman Niedermaier)
  • “State immunity and arbitration in Germany“, Lexis PSL Practical Note, October 2019 (co-authored with Tom C. Pröstler)
  • „Interim measures in support of arbitration in Germany“, Lexis PSL Practical Note, October 2019 (co-authored with Tom C. Pröstler)
  • “Grünes Licht für Ceta-Investitionsgericht“, F.A.Z. Einspruch, 2 May 2019 (co-authored with Marcus Weiler)
  • „Ein Jahr nach der Achmea-Entscheidung des EuGH – Wie geht es weiter mit dem Investitionsschutz innerhalb der EU?“, ICC Germany Magazin, May 2019 (co-authored with Nicolas Wiegand)
  • „German Federal Supreme Court rejects Achmea's complaints that its right to be heard was violated”, 3 April 2019, available at https://www.cms-lawnow.com/ealerts/2019/04/german-federal-supreme-court-rejects-achmeas-complaint-that-its-right-to-be-heard-was-violated (co-authored with Marcus Weiler)
  • “CJEU Advocate General approves Investment Court System in EU-Canada free trade agreement”, 18 February 2019, available at https://www.cms-lawnow.com/ealerts/2019/02/cjeu-advocate-general-approves-investment-court-system-in-eu-canada-free-trade-agreement (co-authored with Marcus Weiler)
  • “Neue Techniken in der Internationalen Handelsschiedsgerichtsbarkeit“, in Salger/Trittmann, Praxishandbuch Internationale Schiedsverfahren, 2nd Edition 2019, Chapter 19 (co-authored with Klaus Sachs and Evgenia Peiffer)
  • „The German Federal Court of Justice rules in Achmea – entry into the EU renders Slovakia's offer for Intra-EU arbitration inapplicable”, 13 December 2018, available at https://www.cms-lawnow.com/ealerts/2018/12/the-german-federal-court-of-justice-rules-in-achmea-entry-into-the-eu-renders-slovakias?cc_lang=en
  • “Third-Party Funding in international investment arbitration – en route to mandatory disclosure”, 16 November 2018, available at https://www.cms-lawnow.com/ealerts/2018/11/third-party-funding-in-international-investment-arbitration-en-route-to-mandatory-disclosure?cc_lang=en (co-authored with Alexander Hoffmann)
  • “In the Aftermath of Achmea – Does Vattenfall Ensure the Future for Intra-EU Investment Arbitration?”, 25 September 2018, available at https://www.cms-lawnow.com/ealerts/2018/09/in-the-aftermath-of-achmea-does-vattenfall-ensure-the-future-for-intra-eu-investment-arbitration
  • „Investment Arbitration – Internationales Recht trifft auf Politik“, 22. März 2018, available at https://www.cmshs-bloggt.de/dispute-resolution/arbitration/investment-arbitration-internationales-recht-trifft-auf-politik/
  • „Nach dem Achmea Urteil des EuGH – Haben Intra-EU Schiedsverfahren noch eine Zukunft?“, 12 March 2018, available at https://www.cmshs-bloggt.de/dispute-resolution/arbitration/achmea-intra-eu-schiedsverfahren/ (co-authored with Tilman Niedermaier)
  • “Cartel Damages Claims Claims Arising Out of Contracts?”, Regional Court of Dortmund, Judgment of 13 September 2017 – 8 O 30/16 (Kart), 27 November 2017, available at http://www.cms-lawnow.com/ealerts/2017/11/cartel-damages-claims-claims-arising-out-of-contracts (co-authored with Tilman Niedermaier)
  • “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, 6 June 2017, available at http://www.cms-lawnow.com/ealerts/2017/06/substance-over-form--when-is-an-arbitral-tribunal-an-arbitral-tribunal?cc_lang=de (co-authored with Tilman Niedermaier)
  • “Res Judicata in International Arbitration – Both Common Ground and Source of Conflict”, Young Arbitration Review, Ed. 17, April 2015 (co-authored with Tom C. Pröstler)
  • "Import of Umbrella Clauses by Way of Invoking Most-Favored-Nation-Treatment Clauses in International Investment Treaty Law", Festschrift Schütze, 2014 (co-authored with Klaus Sachs)less
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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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Expertise

Feed

26/03/2024
CMS advises sellers of Cardior Pharmaceuticals on potential acquisition...
Munich – CMS advises the sellers of Cardior Pharmaceuticals in the potential acquisition of the company by Novo Nordisk. Novo Nordisk has agreed to acquire Cardior for up to 1.025 billion Euros, including an upfront payment and additional payments if certain development and commercial milestones are achieved. The agreement includes Cardior’s lead compound CDR132L, currently in phase 2 clinical development for the treatment of heart failure. The closing of the acquisition is subject to receipt of applicable regulatory approvals and other customary conditions. It is expected to happen in the second quarter of 2024.A CMS team headed by Lead Partners Stefan-Ulrich Müller, Dr Tilman Weichert and Jörg Schrade advised the sellers of Cardior Pharmaceuticals on all legal aspects of the transaction. Cardior Pharmaceuticals GmbH, based in Hannover, Germany, is a leading clinical-stage bio­phar­ma­ceut­ic­al company pioneering the discovery and development of RNA-based therapeutics designed to prevent, repair and reverse diseases of the heart. The company’s therapeutic approach uses distinctive non-coding RNAs as an innovative platform for addressing the root causes of cardiac dysfunctions. CMS Germany Stefan-Ulrich Müller, Lead Partner Dr Tilman Weichert, Lead Partner Dr Michael Wangemann, Partner Dr Kai Wallisch, Partner Dr Thomas Mühl, Principal Coun­sel Se­basti­an Hummel, Senior As­so­ci­ate Vikt­or­ia Barthel, Senior As­so­ci­ate Mar­i­elouise Emmer, Senior Associate Dr Carl-Friedrich Thoma, Senior Associate Dr Stefan Kühl, Senior Associate Dr Alexander Weinhold, Senior Associate Maria Kucher, Associate Jonas Ohmann, Associate Dr Josephine Doll, Associate Dr Christian Seeburger, Associate Sonja Schanze, Associate, all Corporate/M&A Dr Marie-Luisa Loheide, Associate, Private Clients Jörg Schrade, Lead Partner Eduard Kosavtsev, Senior Associate, both Tax Stefan Lehr, Partner, Antitrust, Competition & Trade Stefan Lüft, Partner, IP Dr Benedikt Forschner, Partner, Labor, Employment & Pensions Dr Markus Kaulartz, Partner Dr Fiona Savary, Counsel Dr Felix Glocker, Senior Associate, all TMC Dr Tilman Niedermaier, Partner Susanne Schwalb, Partner, both Dispute ResolutionPress Con­tact presse@cms-hs. com
Deals
20/03/2024
CMS advises listed company Mutares on agreement to acquire Magirus from...
Munich – Listed private equity firm Mutares SE & Co. KGaA has signed an agreement to acquire Magirus from the Iveco Group. Magirus is one of the world’s leading providers of firefighting equipment. This new platform investment will enable Mutares to strengthen its Goods & Services segment. The transaction is expected to complete no later than January 2025.A CMS team headed by partner Dr Michael Wangemann advised Mutares on all legal aspects of the acquisition. Mutares regularly relies on the expertise of the CMS team led by Dr Wangemann, including during the recent acquisition of High Precision Components Witten GmbH. Mutares SE & Co. KGaA is a private equity firm based in Munich. It acquires medium-sized companies in transitional situations and parts of large corporations (carve-outs), with the aim of putting them onto a profitable growth path. Mutares’ revenues currently stand at around EUR 5 billion and are expect to rise to 10 billion by 2028. Ulm-based Magirus generates annual sales of more than EUR 300 million. The company has around 1,300 employees across locations in Germany, Italy, Austria and France. It offers products and related aftersales services in the firefighting and disaster control field. CMS Germany Dr Michael Wangemann, Lead Partner Viktoria Barthel, Senior As­so­ci­ate Mar­i­elouise Emmer, Senior Associate, all Corporate/M&A Anna-Lena Löcherbach, Counsel, M&A/Real Estate Susanne Schwalb, Partner, Dispute Res­ol­u­tion Stefan Lüft, Partner Martin Maurer, Senior Associate, both IP Inhouse Legal at Mutares Jan Thöle, General Counsel Inhouse Tax at Mutares Denis Ahluwalia, Head of Tax Julia Hellwig, Senior Manager TaxPress Con­tact presse@cms-hs. com
Deals
29/12/2023
CMS Disputes Talk
Our CMS Disputes Talk podcast series is delving into the hottest trends in dispute resolution. Join us as we navigate the ever-evolving landscape of legal conflicts, offering insightful discussions, expert...
Publication
18/12/2023
CMS International Disputes Digest – 2023 Winter Edition
Welcome to our winter 2023 edition of the International Disputes Digest, analysing current trends in dispute resolution around the world with insights into, and potential solutions for, the challenges facing global business. With unrest and uncertainty reigning in both Europe and the Middle East, never has the guidance in this digest been more applicable. In Europe, the war in Ukraine is now in its second year. Apart from the incalculable human cost, this conflict continues to impact energy prices, supply chains, political stability, and isolates the Russian Federation from the international business community. The war in Israel is equally tragic in terms of human suffering with an impact that is reverberating internationally. As for the pandemic, COVID-19 restrictions are largely over with no indication that they will return in the near future. The COVID-19 virus, however, remains a threat – although arguably a less lethal one – and a public-health concern that is likely to remain indefinitely. The articles in this digest consider strategies to mitigate the impact of those challenges and others that may be affecting your business. We hope you enjoy reading it and wish you a peaceful festive break, with best wishes for 2024. 
Publication
16/11/2023
On the Pulse Webinar Series 2023 - Autumn
On the Pulse webinar series brings you updates on the latest legal and commercial developments in the life sciences & healthcare sector. The Autumn edition will see our CMS sector specialists cover: Commercial - Deal landscape and transaction trends in the Life Sciences SectorDispute Resolution - The midnight clause: why choice of law and jurisdiction clauses matterPublic Procurement - Typical pitfalls to be avoided in a procurement process for pharma and medical devices suppliesequIP - Pitfalls for life sciences start-ups to avoidEach webinar will be one hour in length with a 15-minute Q&A session. To register for the full series or just the topics of interest to you, click on the registration links below. To watch the Spring webinars in the On the Pulse series, visit here.
Event Start-ups
02/08/2023
German Federal Supreme Court rules Intra-EU arbitration under the ICSID...
On 27 July 2023, the German Federal Supreme Court (BGH) decided that intra-EU arbitral proceedings under the ICSID Convention may be declared inadmissible by German courts even before an award is rendered...
Law-Now Dispute Resolution
29/03/2023
Join CMS at the Paris Arbitration Week
CMS session followed by drinks reception
Event Legal
27/12/2022
Green light from European Commission: CMS advises German government on...
Stut­tgart/Brus­sels – State-owned gas trader SEFE Securing Energy for Europe GmbH (SEFE) can continue to operate as an integrated midstream gas company and pursue its chosen realignment strategy after...
Deals
16/11/2022
Comprehensive advice on securing energy supply in Germany
Ham­burg/Stut­tgart – Struggling gas company Securing Energy for Europe (SEFE) has been transferred to the ownership of the Federal Republic of Germany in order to secure German gas supplies. SEFE is...
Deals
05/01/2022
CMS Germany appoints eleven new partners at start of new year
Berlin – Commercial law firm CMS Germany has appointed eleven new partners as of the start of 2022. These appointments strengthen the partnership in the Corporate/M&A, Employment, Real Estate & Public...
Press releases
17/02/2021
CMS Disputes Talk
In these uncertain times, global businesses in almost every sector are facing challenges brought about by an unprecedented operational climate. Actions and decisions taken during and immediately after...
Event Webinar
10/03/2020
CMS advises shareholders on sale of WOW Tech Group to CDH Investments
Munich – Singapore-based cross-border investments unit of CDH Investments has acquired a significant interest in WOW Tech Group. The management of WOW Tech Group and other shareholders, advised by Rigeto...
Deals
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