Partner

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

Rechtsanwalt

Berlin, Germany

Hong Kong SAR, China

(Deutschland)

(Hong Kong)

Save contact

Languages

German
English

Social media

Tom Christopher Pröstler is a dispute resolution partner with CMS in Germany and a senior foreign legal consultant with CMS Hong Kong’s international arbitration team. 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, automotive and e-mobility), energy (esp. offshore wind, solar, coal, gas and biomass), 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 director of the Humboldt Centre for the Legal Profession, visiting lecturer at Humboldt-Universität zu Berlin, teaching courses on international arbitration, international sales law and legal tech, and co-editor and co-author of “International Construction Disputes – A Practitioner's Guide”.

Tom joined CMS’ Munich office in 2013. He was part of the team that opened CMS’ Hong Kong office in 2016 and, after two years fully based there, now splits his time between Berlin and Hong Kong.

Awards & Recognitions

01 –

Quote

"Tom has a very good command of international arbitration proceedings"

Lexology Index – Arbitration 2025 (formerly Who's Who Legal)
Quote

Listed as "Global Elite Thought Leader"

Lexology Index 2024: Arbitration - Under 45 - Partners (formerly Who's Who Legal)
Quote

"He has a sharp and brilliant legal mind"

Lexology Index 2024: Arbitration (formerly Who's Who Legal)
Quote

"Mr Pröstler is efficient and has good communication skills"

Lexology Index 2024: Arbitration (formerly Who's Who Legal)
Quote

"Tom is very competent, always producing high-quality documents"

Lexology Index 2024: Arbitration (formerly Who's Who Legal)
Quote

"He is always one step ahead"

Who's Who Legal 2023
Quote

"Practice Area Award" for Commercial Arbitration

IFLR - Rising Stars Awards EMEA 2022
Quote

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

Who's Who Legal 2023
Quote

Listed as "Arbitration Future Leader"

Who's Who Legal 2023
Quote

"Above-average technical expertise, assertive", client

The Legal 500 EMEA, 2022
Quote

Listed in "Rising Stars in Commercial Arbitration"

Expert Guides Rising Stars, 2019 - 2022
Quote

"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
Quote

"Jurisdictional Award" for Germany

IFLR - Rising Stars Awards EMEA 2022
Quote

Praised by clients

Global Arbitration Review (GAR 100), 2018

Relevant experience

Arbitrations and Adjudications

Representation of an East Asian pharmaceutical company in an ICC arbitration in Frankfurt a.M. against a Central European pharmaceutical company concerning a drug development and approval project
Representation of a European consortium in a DIS arbitration in Berlin against a state in connection with a failed major IT and transport infrastructure project
Representation of German and Chinese subsidiaries of a German technology group in an ICC arbitration in Hong Kong against a Chinese automotive company regarding the production and delivery of electromobility parts

Representation of an East Asian plant manufacturer in a DIS arbitration in Düsseldorf against a Central European energy company concerning a plant construction project
Representation of a Central European plant manufacturer in a HKIAC arbitration in Hong Kong against an East Asian state authority concerning a major traffic infrastructure project
Representation of a Central European plant manufacturer in an ICC arbitration in Zürich against a Southern European mining company concerning a plant construction project (FIDIC Yellow Book)
Representation of a Southern European employer in an ICC arbitration in Zürich against a Western European contractor concerning a major offshore wind construction project in the Baltic Sea (FIDIC Yellow Book)
Representation of a European PE-Fund in two LCIA arbitrations in London against a Central European advisory company regarding commission payments
Representation of a European PE-Fund in a VIAC Arbitration in Vienna against a US-American PE-Fund regarding a Post-M&A dispute
Sole arbitrator in a DIS arbitration in Erfurt concerning commission payments resulting from a technology development and plant construction agreement
Co-arbitrator in two ad hoc arbitrations in Munich concerning communication infrastructure projects
Representation of a Southern European general contractor in a FIDIC adjudication in Berlin against a Southern European sub-contractor concerning a CCGT power plant construction project in Central Europe

State Court Proceedings

Representation of an East Asian medical technology company in German court proceedings against a European medical technology company concerning the termination of a distribution agreement
Representation of an East Asian company in German court proceedings against a German company in connection with the supply of medical protective equipment
Representation of two founders of a pharma-start-up in German court proceedings against investors concerning a buyout
Representation of a Dutch recycling company in German court proceedings against a German company concerning the termination of a cooperation and supply agreement
Representation of an East Asian company in German court proceedings against a German company concerning the delivery of batteries for e-mobility
Representation of different clients in German court proceedings to set aside and/or enforce arbitral awards
Advice of different clients on court proceedings in, inter alia, China, Switzerland and Spain to set aside and/or enforce arbitral awards
Advice of different clients on court proceedings in, inter alia, China, Spain, France and the USA

Publications

Articles 10 to14 DIS-Rules, in: R. Hennecke/J. Menz (eds.), DIS-SchO Kommentar, C. H. Beck 2025
Working with Those from Different Legal Traditions, in: C. Lotfi/A. Zielinska-Eisen/V. Sandler Obregón (eds.), International Arbitration in Practice, Kluwer Law International 2025, Kap. 31 (with Amy Wen Wei)
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

Memberships & Roles

Director of the Humboldt Centre for the Legal Profession
Co-Chair DIS Construction Group
Hong Kong Arbitration Charity Ball Committee Member
Swiss Arbitration Ambassador for Hong Kong
Hong Kong International Arbitration Centre's HK45 Regional Ambassador Germany
German Arbitration Institute (DIS)
Swiss Arbitration Association (ASA)
International Association of Defense Counsel (IADC)
International Bar Association (IBA)
International Council for Commercial Arbitration (ICCA)
Society of Construction Law (SCL)
Humboldt Moot Association (Board Member)
Munich Moot Association
Moot Alumni Association

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 2022, he also holds 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 gives lectures and presentations, in particular on international arbitration and dispute resolution as well as on construction, engineering and Asia related legal topics.

Selected lectures:

Effective Cross-Border Dispute Resolution: International Arbitration 101, Afrikaverein der deutschen Wirtschaft, 24.06.2025, Berlin
The Benefit of the Neutral Forum – Exploring the Attraction of Switzerland, Hong Kong and Singapore for International Arbitrations (Moderator), Swiss Arbitration Event at Hong Kong Arbitration Week, 21.10.2024, Hong Kong
German Law in Construction Contracts: Navigating GTCs (Moderator), DIS Construction Group Event, 09.09.2024, Berlin
International Construction Dispute Resolution: Latest Practice and New Trend, BAC/BIAC & ASA Geneva Summit on Commercial Dispute Resolution in China, 20.06.2024, Geneva
Common Law vs. Civil Law Debate (Moderator), HK 45/DIS 40 Event, 28.05.2024, Frankfurt
Recognition and Enforcement of Awards in Italy and Germany – a side-by-side comparison, Conference jointly organized by Italienzentrum der Freien Universität Berlin and Bilateral Italian-German Arbitration Group, 23.05.2024, Berlin
Disability Inclusion or Abuse of Proceedings? Debate on the Practical Application of the ICC Guide on Disability Inclusion, MAA/ICC/myAbility Disability Inclusion in Arbitration Event, 26.03.2024, Vienna
Lex constructionis – construction industry-specific legal concepts (Moderator), DIS Construction Group Event, 13.09.2023, Berlin
Ask the Secretary General (Moderator), Joint HKIAC, Swiss Arbitration & DIS Event, 21.06.2023, Berlin
Vindobona Journal 25th Anniversary Jubilee Panel, MAA Annual International Commercial Law & Arbitration Conference, 31.03.2023, Vienna
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

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

Practice Areas

Dispute Resolution Arbitration Litigation Project development and construction law

Insights

Global Reach

Karriere