Investor-State Arbitration 2025

GERMANY Law and Practice Contributed by: Patricia Nacimiento, Catrice Gayer, Lara Panosch and Theo Pauthonier, Herbert Smith Freehills Kramer LLP

Herbert Smith Freehills Kramer LLP has arbitra - tion practitioners based across Europe, Asia-Pacific, the USA, Africa and the Middle East, with extensive experience advising clients on commercial, inves- tor–state and state-to-state arbitration. They advise clients on arbitrations under a broad spectrum of civil and common laws as well as public international law. They are experienced in arbitrating under the rules of all major arbitration institutions, and ad hoc and in multiple languages. Their genuine sector knowl-

edge, commercial awareness and regional sensitivity are unrivalled. Their long-standing experience acting in investor–state and state-to-state arbitrations and their in-depth knowledge of the nuances of these fo- cused areas means they can help clients best meet their objectives. Conducting their own advocacy means these skilled advocates play a critical role in the strategy of the case from the outset. It also minimises the cost and time involved for clients in instructing external counsel. Catrice Gayer is a partner at Herbert Smith Freehills Kramer, based in Düsseldorf, and a member of the International Arbitration and Global Construction Disputes practices, focusing on major infrastructure, construction and engineering projects. As counsel, Catrice has conducted over 90 national and international arbitration proceedings under the auspices of various arbitration institutions and ad hoc. She is particularly experienced in implementing cost-efficient strategies and handling voluminous and technically complex cross-border litigation and arbitration. Her fields of industry are energy, construction/infrastructure, manufacturing/ engineering, and corporate including post-M&A disputes. She regularly sits as an arbitrator. She is an appointed member of the ICC Commission on Commercial Law and Practice.

Authors

Patricia Nacimiento is a partner in Herbert Smith Freehills Kramer’s Frankfurt office, leading the German Dispute Resolution and EMEA International Arbitration teams. Patricia has extensive experience

managing large strategic dispute resolution proceedings and leading cross-border teams including in the fight against corruption and money laundering. She focuses on investment arbitration and the law of nations, including in the field of business and human rights. As a party representative, Patricia has conducted over 150 arbitration proceedings. She has been appointed by the German government to the ICSID panel since 2007. Patricia speaks German, English, Spanish, French and Italian. She is the author of leading publications.

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