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Hendrik Puschmann

Senior Associate
+44.(0)20.7360.8308
Fax +44.(0)20.7648.9001
+49.(0)69.945.196.0
Fax +49.(0)69.945.196.499

Hendrik Puschmann is a senior associate in the firm’s London and Frankfurt offices. He practices commercial arbitration, investor-state arbitration and civil litigation. Hendrik‎ represents clients in disputes across a broad range of sectors, including financial services, corporate, commercial, construction, energy, shipping and shipbuilding.

Hendrik has substantial oral advocacy experience before the English and German courts and in alternative dispute resolution proceedings.

He was recently named as party-appointed arbitrator in an UNCITRAL case involving a contractual claim by a private company against a state.

Hendrik is regularly instructed to advise on dispute avoidance strategies and lead settlement negotiations. He has a strong track record of achieving successful settlements for clients.

Another area where Hendrik has profound experience is challenges against arbitral awards and contested enforcement matters. He is general editor of Butterworths Challenges in Arbitration and co-author of a chapter on challenges against awards and enforcement in the forthcoming Singapore Academy of Law Practitioners’ Guide to Investment Arbitration.

Much of Hendrik’s work focuses on emerging markets. He has extensive regional experience in Central and Eastern Europe. Several chambers of commerce in the region list him as a recommended arbitrator.

Aside from his work for K&L Gates, Hendrik maintains close links to academia as a fellow of Clare Hall, Cambridge and visiting lecturer in international law and commerce at Johannes Kepler Universität Linz (Austria). He publishes and speaks regularly on a variety of dispute resolution topics.

What Others Say

“truly outstanding”; "delivers commercially savvy advice” (Law Society Excellence Awards 2014)

“exceptional technical skills” (Eclipse Proclaim Modern Law Awards 2014)

Professional Background

Prior to joining the firm, Hendrik was an associate at another international law firm where he divided his time between the London and Berlin offices and also spent some time in Moscow.

Academic Positions

  • Visiting lecturer in international law and commerce at Johannes Kepler Universität Linz (Austria)
  • Fellow Commoner of Clare Hall, Cambridge
  • Formerly Marie-Curie Research Fellow, Centre of International Studies, University of Cambridge

Arbitrator Panels

  • Court of Arbitration of the Polish Chamber of Commerce, Warsaw
  • Court of Arbitration of the Polish Employers’ Association, Warsaw
  • DIS, Berlin and Cologne (Member of the Expert Commission on the Revision of the DIS Rules)
  • DELOS, Paris
  • International Commercial Arbitration Court of the Ukrainian Chamber of Commerce, Kyiv
  • Kuala Lumpur Regional Centre for Arbitration (KLRCA)
  • Kosovo Permanent Tribunal of Arbitration, Pristina
  • LCIA, London (database of neutrals)
  • VIAC, Vienna

Selected Professional Memberships

  • Arbitration Club (committee member)
  • British-German Jurists' Association
  • Chartered Institute of Arbitrators
  • German-Irish Law and Business Association
  • German-Russian Forum
  • Solicitors' Association of Higher Court Advocates

Recent Publications

Awards

  • Highly commended for Junior Lawyer of the Year in the Law Society Excellence Awards 2014
  • Highly commended for Rising Star of the Year in the Modern Law Awards 2014

Public Service

  • Chair of Fundraising for Clare Hall, Cambridge
  • Fellow of the Royal Society of Arts
  • Governor of the Kenneth More Theatre
  • Governor of Theydon Bois Primary School

International Arbitration

  • Currently representing a major oil and gas service provider‎ in several LMAA arbitrations relating to time charter parties
  • Acting for a major international property developer in an arbitration arising out of the contractual framework of a large-scale master planned community
  • Representing a major car wholesaler against a multinational automotive manufacturer in a dispute concerning the termination of contracts
  • Representing a German company against an organ of a state in a dispute about the breach of a joint venture agreement
  • Advised a franchisee of a global retail brand in relation to the purported termination of the franchise
  • Acted for a consortium of construction companies in several interrelated insurance/reinsurance disputes under contracts governed by English, Brazilian and French law
  • Represented a major US metals company in a dispute arising out of the cancellation of a number of interrelated contracts governed by the CISG and Swiss law; this included successfully re-negotiating and redrafting those contracts
  • Advised a major European shipping company in a series of disputes against a Japanese trading house involving questions of set-off, the conflict of laws and technical issues regarding the construction of vessels
  • Represented a listed European technology company in an arbitration against a former director and employee for alleged breach of a settlement agreement and breach of director's duties
  • Advised a Middle Eastern natural resources company in an arbitration against a European shipping company for alleged breach of a contract of affreightment
  • Assisted a multinational team of lawyers on a number of arbitrations – both contractual and investment – between a listed international technology company and a state (as well as several state-owned entities)

Commercial Litigation

  • Representing a Middle Eastern bank with an application in the High Court to obtain evidence in aid of foreign proceedings
  • Representing a UK building contractor in a TCC claim against a supplier of high-security windows
  • Represented a UK building contractor in relation to a claim for contributory negligence against it and other sub-contractors by the main contractor in a PPP construction project. This included appearing as advocate in a mediation that settled the dispute
  • Represented a listed international technology company in the Companies Court in relation to a statutory demand and winding-up petition against a major debtor and opposing an application to set aside the winding-up petition (appeared as advocate)
  • Advised a major UK building contractor in relation to a professional negligence claim against a listed international chemicals company
  • Assisted a major investment bank in threatened High Court proceedings arising from an alleged breach of a facility agreement
  • Represented several banks and other companies in relation to Norwich Pharmacal orders
  • Obtained annulment of a Bankruptcy Order against a German bank in the Bankruptcy Court and representing the client in a subsequent appeal in the Chancery Division (appeared as advocate)
  • Successfully represented a registered charity in County Court proceedings against an architect and project manager for breach of an oral contract and professional negligence (appeared as advocate)
  • Successfully provided oral representation for several banking and insurance clients in proceedings before the German District Courts (Landgericht)

Challenges Against Arbitration Awards and Contested Enforcement

  • Representing the applicant in an application in the High Court challenging several interrelated arbitration awards made in England under sections 68 and 69 of the Arbitration Act 1996
  • Previously acted for the applicant in another challenge under section 68 of the Arbitration Act 1996
  • Acting for the claimant in a contested High Court application for the recognition of an arbitration award made in the DIFC, Dubai. Assisting the client with taking enforcement measures following recognition
  • Regularly representing clients in relation to the recognition and enforcement of foreign court judgments in England and Wales
  • Regularly advising clients on enforcement issues arising under the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards and the ICSID Convention

International Law Advisory

  • Drew up a global dispute resolution strategy for a multinational financial institution
  • Advised a German bank in relation to the dispute mechanism of an international clearing system
  • Assisted a financial institution with successfully responding to a complaint for alleged breach of the OECD Guidelines for Multinational Enterprises