- Susanne Gropp-Stadler is a lead counsel in litigation at Siemens based in Munich, Germany.
- She has over 20 years of experience handling complex commercial disputes and arbitrations.
- She regularly represents Siemens in large infrastructure projects, post-M&A disputes, and matters involving allegations of corporate fraud or corruption.
Some recent matters she has handled include:
- A post-M&A dispute valued at over EUR 200 million that took 57 months to resolve through arbitration.
- A construction dispute over a large infrastructure project where over EUR 100 million was at stake. The arbitration took 18 months.
- Multiple arbitrations and court cases stemming from allegations of corporate
Stefan Brunnschweiler, partner for CMS von Erlach Henrici (Zurich), and Hendrik Hirsch, partner for CMS Hasche Sigle (Frankfurt), discussed their most recent study of transactions in Europe and the differences between the U.S. on issues such as purchase-price adjustment and cash-pooling during their presentation at the 2014 Chief Legal Officer Leadership Forum in Chicago on Sept. 17. In the presentation, the duo pointed out there are many differences between the U.S. and Europe when it comes to M&A transactions.
According to Brunnschweiler, purchase-price adjustment varies greatly between the U.S. and Europe. In the U.S., Brunnschweiler said, more than 85 percent of the deals have a classical purchase-price adjustment, but in Europe, more than half of the transactions don’t have such an adjustment mechanism. In addition, Hirsch noted the lockbox mechanism is viewed differently in the U.S. and Europe, and cash-pooling varies across these regions too: “You need to look at whether you’re cash-pooling arrangement is in compliance with applicable laws, because there are various differences within Europe. If you have European entities that are participating, this is extremely important because depending on where you look, [as] cash-pooling might require certain specific indemnifications from the seller’s side and probably from the buyer’s side as well.”
There are risks with cash-pooling arrangements, Hirsch said. However, an organization that understands how to minimize these risks, Hirsch noted, can avoid problems down the line: “So how can you reduce these liability risks? Sometimes it is necessary to adjust the articles of association of the participating entity, clearly stating that it is allowed to enter into intragroup arrangements. Sometimes it is necessary to come up with a shareholder resolution proving the entering into the cash-pooling arrangement for the participating entity. But in particular, that is true throughout Europe.”
- See more at: http://www.argylejournal.com/general-counsel/2014-chief-legal-officer-leadership-forum-stefan-brunnschweiler-partner-cms-von-erlach-henrici-zurich-and-hendrik-hirsch-partner-cms-hasche-sigle-frankfurt/#sthash.w276c2ou.dpuf
Stefan Brunnschweiler, partner for CMS von Erlach Henrici (Zurich), and Hendrik Hirsch, partner for CMS Hasche Sigle (Frankfurt), discussed their most recent study of transactions in Europe and the differences between the U.S. on issues such as purchase-price adjustment and cash-pooling during their presentation at the 2014 Chief Legal Officer Leadership Forum in Chicago on Sept. 17. In the presentation, the duo pointed out there are many differences between the U.S. and Europe when it comes to M&A transactions.
According to Brunnschweiler, purchase-price adjustment varies greatly between the U.S. and Europe. In the U.S., Brunnschweiler said, more than 85 percent of the deals have a classical purchase-price adjustment, but in Europe, more than half of the transactions don’t have such an adjustment mechanism. In addition, Hirsch noted the lockbox mechanism is viewed differently in the U.S. and Europe, and cash-pooling varies across these regions too: “You need to look at whether you’re cash-pooling arrangement is in compliance with applicable laws, because there are various differences within Europe. If you have European entities that are participating, this is extremely important because depending on where you look, [as] cash-pooling might require certain specific indemnifications from the seller’s side and probably from the buyer’s side as well.”
There are risks with cash-pooling arrangements, Hirsch said. However, an organization that understands how to minimize these risks, Hirsch noted, can avoid problems down the line: “So how can you reduce these liability risks? Sometimes it is necessary to adjust the articles of association of the participating entity, clearly stating that it is allowed to enter into intragroup arrangements. Sometimes it is necessary to come up with a shareholder resolution proving the entering into the cash-pooling arrangement for the participating entity. But in particular, that is true throughout Europe.”
- See more at: http://www.argylejournal.com/general-counsel/2014-chief-legal-officer-leadership-forum-stefan-brunnschweiler-partner-cms-von-erlach-henrici-zurich-and-hendrik-hirsch-partner-cms-hasche-sigle-frankfurt/#sthash.w276c2ou.dpuf
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presented by Sarah Schütte, Schutte Consulting Limited
hosted by Dr Jon Broome, Contracts and Procurement SIG Deputy Chair
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The basics of risk allocation within the NEC contracts and the NEC's simple and effective methods for 'early warning'. This is one process in NEC that you need to get working well on your contract. The session gives the basics and some tips for making it work. This session was held on 12 August 2021.
Speaker:
Richard Patterson, NEC4 drafter and Procurement & NEC Specialist at Mott MacDonald
https://youtu.be/OG0dZCrprz0
https://www.apm.org.uk/news/nec-contracts-the-risk-registerearly-warning-register-and-risk-allocation-and-management-webinar/
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Nischal Harohalli Padmanabha is currently a scientific lead at Berlin-based startup omni:us, an AI product for the insurance industry. Previously, he was a Co-founder and Data Scientist at Unnati Data Labs, where he worked towards building end-to-end data science systems in the fields of Fintech, marketing analytics, event management and medical domain. Nischal is also a mentor for Data Science on Springboard. During his tenure at former companies like Redmart and SAP, he was involved in architecting and building software for e-commerce systems in catalogue management, recommendation engines, sentiment analyzers, data crawling frameworks, intention mining systems and gamification of technical indicators for algorithmic trading platforms. He is a strong believer of open source and loves to architect big, fast, and reliable AI systems. In his free time, he enjoys travelling with his significant other, music and groking the web.
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Top-10 Technology Trends in Property & Casualty Insurance: 2019Capgemini
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6. 14.09.2018Seite 6
Susanne Gropp-Stadler / Siemens AG
Marnix Leijten / De Brauw Blackstone Westbroek9e Nederlands-Duitse Advocatensymposium / 9. Niederländisch-Deutsches Rechtsanwaltssymposium
Consortium
Country B
Customer
Country A
Project
Country A
Member of the
Consortium
Country C
Unabhängigkeit und Neutralität der Richter
7. 14.09.2018Seite 7
Susanne Gropp-Stadler / Siemens AG
Marnix Leijten / De Brauw Blackstone Westbroek9e Nederlands-Duitse Advocatensymposium / 9. Niederländisch-Deutsches Rechtsanwaltssymposium
Country A
Customer
Country A
Complex content of legal proceeding
First of its kind, long lasting projects
(technical complexity, delay, quantum, etc.)
Spezialisierte und erfahrene Richter
8. 14.09.2018Seite 8
Susanne Gropp-Stadler / Siemens AG
Marnix Leijten / De Brauw Blackstone Westbroek9e Nederlands-Duitse Advocatensymposium / 9. Niederländisch-Deutsches Rechtsanwaltssymposium
Consortium
Country B
Member of the
Consortium
Country C
Customer
Country A
Project
Country D
Internationale Vollstreckbarkeit
Assets
Country E
9. 14.09.2018Seite 9
Susanne Gropp-Stadler / Siemens AG
Marnix Leijten / De Brauw Blackstone Westbroek9e Nederlands-Duitse Advocatensymposium / 9. Niederländisch-Deutsches Rechtsanwaltssymposium
Consortium
Country B
Member of the
Consortium
Country C
Customer
Country A
Project
Country D
Assets
Country E
Beteiligte
Keine Rechtsmittelinstanz
Geschäftszweck
Dauer der Verfahren
10. 14.09.2018Seite 10
Susanne Gropp-Stadler / Siemens AG
Marnix Leijten / De Brauw Blackstone Westbroek9e Nederlands-Duitse Advocatensymposium / 9. Niederländisch-Deutsches Rechtsanwaltssymposium
Consortium
Country B
Member of the
Consortium
Country C
Customer
Country A
Project
Country D
Assets
Country E
Nicht-öffentliche Verfahren
Wettbewerb
Technologie
Neutralität
11. 14.09.2018Seite 11
Susanne Gropp-Stadler / Siemens AG
Marnix Leijten / De Brauw Blackstone Westbroek9e Nederlands-Duitse Advocatensymposium / 9. Niederländisch-Deutsches Rechtsanwaltssymposium
Consortium
Country B
Member of the
Consortium
Country C
Customer
Country A
Project
Country D
Assets
Country E
Case Management
Verfahrenskalender
Schriftsätze
Begrenzte Document
Production
12. Key milestones in arbitral proceedings
14 September 2018
12
Initiating the
proceedings
1st round
written
submissions
Document
production
2nd round
written
submissions
Hearing Post
hearing
brief(s)
Cost
submission(s)
Award
13. 14 September 2018
13
Interim relief proceedings before competent domestic courts
Preclusive effect of the arbitration agreement depends on the law of the seat of arbitration
Interim and Conservatory Measures
Before arbitration on merits During arbitration on merits
Before
arbitral
tribunals
Before
national
courts
Emergency Measures
Special Tools | Emergency and Interim Relief
14. 14 September 2018
14
Special Tools | Emergency and Interim Relief
Article 28(1) of the ICC Rules:
“Unless the parties have otherwise agreed, as soon as the file
has been transmitted to it, the arbitral tribunal may, at the
request of a party, order any interim or conservatory
measure it deems appropriate. The arbitral tribunal may
make the granting of any such measure subject to appropriate
security being furnished by the requesting party. Any such
measure shall take the form of an order, giving reasons, or of
an award, as the arbitral tribunal considers appropriate.”
→ Wide (unfettered?) discretion
→ Propriety as a defining (but malleable) standard
→ Any interim measure
15. 14 September 2018
15
Special Tools | Emergency and Interim Relief
Article 29(1) of the Rules:
“A party that needs urgent interim or conservatory
measures that cannot await the constitution of an arbitral
tribunal […] may make an application for such measures
[…].”
→ Even wider (?) discretion
→ Urgency as sole criterion?
→ Any interim measure
16. 14 September 2018
16
Special Tools | Emergency and Interim Relief
Yes No
Do you require a showing of a possibility to succeed on the merits?
17. 14 September 2018
17
Special Tools | Emergency and Interim Relief
<25% 25-50% 51-75% >75%
What degree of possibility?
18. 14 September 2018
18
Special Tools | Emergency and Interim Relief
Yes No
Do you require a showing of harm not adequately reparable by damages?
22. The Costs Conundrum
14 September 2018
22
Construction, post-M&A and corporate fraud
EUR 100+ million in dispute | 18 months
Post-M&A and enforcement of an arbitral award
EUR 200+ million at stake | 57 months
26. Duration of civil proceedings in Germany
Instanz /
Instance
Durchschnittliche Dauer je Verfahren, das mit streitigem
Urteil endete (in Monaten) /
(Average duration of proceeding, that ended with a
controversial decision) (in months)
Amtsgericht /
District Court
7.8
Landgericht in erster Instanz /
Regional Court in first instance
15.6
Landgericht in der Berufungsinstanz /
Regional Court in appeal
22.8
Oberlandesgericht /
Higher Regional Court
32
14 September 2018
26
27. 27
14 September 2018
Duration of
civil
proceedings
in the
Netherlands
2017:
37 weeks at
first instance
2017:
57 weeks
on appeal
Source: jaarverslagrechtsspraak.nl
28. Duration of proceedings at international arbitral institutions
14 September 2018
28
Arbitral Institution Median duration for all
tribunals (in months)
Median duration for
sole arbitrator tribunal
(in months)
Median duration for
three-member tribunal
(in months)
SIAC 11.7 11.3 11.7
HKIAC 11.6 N/A N/A
LCIA 16 15 19
SCC 13.5 10.3 15.8