Dr. Mathias Wittinghofer Partner Head of Dispute Resolution (Germany)

Dr. Mathias Wittinghofer

Mathias represents clients in German state court litigations and before national and international arbitral tribunals under a wide variety of legal systems and arbitration rules, in a wide variety of arbitration seats and before a wide variety of arbitration institutions, but also in mediations or adjudications (alternative dispute resolution). He regularly acts as counsel before, during and after the contentious phase and supports his clients in the enforcement stage and in fending off wrongful judgments or awards. Sectors in industries which Mathias acts in include banking & finance, energy, automotive/engineering, IP/IT, pharmaceutical and healthcare, sales, logistics and distribution. Mathias acts in post-M&A disputes, in D&O liability cases and in cartel follow-on damage claims. He also regularly sits as arbitrator.

Experience

• Representing a multinational energy company in a legal dispute involving more than EUR 3 billion in revenue rights from the extraction of natural resources in Eastern Europe.
• Advising and representing a European bus manufacturer in legal proceedings against a German public transport group due to alleged defects in approximately 1,000 coaches and buses.
• Representing a large European telecommunications company in an ICC arbitration following the acquisition of a cable network operator in a CEE country under Austrian law.
• Representing a global entertainment and events company based in Australia in DIS arbitration proceedings arising from the withdrawal from an M&A transaction. The buyer refused to close, citing financing difficulties and the general situation in the cinema industry in light of the COVID-19 pandemic.
• Advising and representing a French consulting and engineering services company in a DIS arbitration regarding the acquisition of several European subsidiaries of an Austrian holding company from the automotive industry.
• Representing a German Landesbank in a dispute with a municipal company over allegations of misselling in connection with a €295 million CDO portfolio swap transaction before German and English courts.
• Defending a Portuguese government agency in a legal dispute over the repayment of a loan in the amount of EUR 75 million due to alleged cross-default cases and violations of the information contained in the loan documents
• Advising a Japanese manufacturer and supplier of air conditioning compressors on contractual basis for claims and warranty claims asserted by a US-German automotive OEM.
• Representing of one of the largest German commercial banks in an ICC arbitration against the debtors and guarantors of Loan agreements under German law amounting to several million euros.
• Advising a German-Austrian commercial bank with a view to enforcing loan claims against Indonesian borrowers and guarantors before the Frankfurt Regional Court or in an ICC arbitration based in Germany.
• Advising and representing a truck manufacturer in defending against cartel follow-on damage claims following the EU Commission's decision on the truck cartel.
• Representing a limited liability company against the former managing directors and the D&O insurer in connection with managing director's liability due to the failure to claim an exemption under the EEG.
• Advising and representing a large German bank in pursuing its claims following the discovery of a large-scale embezzlement scheme involving the bank's fleet management.

Recognition

Further information and background on Mathias Wittinghofer experience is available here.