Dr. Carsten Wendler

About Dr. Carsten Wendler

Carsten works in our international arbitration group, and acts in both commercial and investment treaty arbitration proceedings, with a focus on Europe and Latin America. He also advises on public international law.

Recent work

Investment disputes

• Representing Strabag SE and its joint venture partners in an ICSID arbitration (ICSID Case No. ARB/19/29) against the Federal Republic of Germany arising out of changes in the offshore wind energy sector.

• Representing the German financial services provider Portigon AG (formerly WestLB) in an ICSID arbitration (ICSID Case No. 17/15) under the Energy Charter Treaty against the Kingdom of Spain in connection with regulatory changes to the renewable energy regime.

• Representing Mexican telecommunications giant América Móvil in an ICSID Additional Facility arbitration (ICSID Case No. ARB(AF)16/5) against Republic of Colombia under the free trade agreement between Mexico and Colombia, in relation to the expropriation of the assets held by Colombia’s largest mobile phone provider.

• Representing the State General Reserve Fund of the Sultanate of Oman in an ICSID arbitration (ICSID Case No. ARB/15/43) against the Republic of Bulgaria arising out of the Bulgarian banking crisis.

• Acting for the Austrian energy company EVN AG in an ICSID arbitration (ICSID Case No. ARB/13/17) against the Republic of Bulgaria regarding regulatory measures in the energy sector.

• Acting for the Government of Romania in two seperate ICSID arbitrations (ICSID Case No. ARB/10/22 and ICSID Case No. ARB/05/20); including ICSID annulment proceedings.

Commercial disputes

• Representing one of the world's leading chemical companies in an ad hoc post-M&A arbitration concerning indemnity obligations for environmental liabilities under a share purchase agreement.

• Representing a world's leading chemical companies in a post-M&A arbitration under the ICC Rules in connection with a breach of representations and warranties under a share purchase agreement.

• Representing an investment fund in an ICC arbitration relating to a joint venture dispute arising out of a landmark real estate project in an Eastern European city.

• Representing a multinational industrial company in an ICC arbitration in relation to the termination of a technology licence agreement for the Brazilian market.

• Advising a US pharmaceutical company in opposing the enforcement of an ICC arbitration award in the courts of New York, Germany, and France for violations of EU competition law.

• Advising various leading financial institutions in a number of litigation and arbitration proceedings related to complex financial transactions.

Construction disputes

• Representing a multinational company in three parallel arbitrations against a state entity of a European state in relation to the construction and operation of a security and telecommunications network.

• Representing a European energy company in an ICC arbitration against a European contractor in relation to an EPC/turnkey contract concerning a natural gas combined cycle power plant.

• Representing Strabag SE and its joint venture partners in an ICSID arbitration (ICSID Case No. ARB/19/29) against the Federal Republic of Germany arising out of changes in the offshore wind energy sector.

• Assisting a joint venture of two major European construction companies in their dispute with a subcontractor in relation to the construction of a water treatment plant in Latin America.

• Assisting a leading European construction company in its dispute concerning the construction of a hydropower plant in Latin America. 

Public international law

• Advising a European development bank regarding its financing contracts governed by public international law.

• Advising a global industrial client in assessing the compliance of its investment in an Asian country with public international law, in particular the requirement to seek free, prior, informed consent from indigenous people. 

• Advising a European energy company in assessing the compliance of its dealings in a nothern African country with public international law, in particular the requirement to seek free, prior, informed consent from indigenous people.

• Advising a global international organisation concerning bank guarantees governed by public international law.

• Advising a major European financial institution in reltation to certain human rights implications of loan agreements and potential proceedings before the European Court of Human Rights.

Arbitration-related court proceedings

• Representing a US pharmaceutical company in enforcement proceedings before the Higher Regional Court Munich relating to an arbitral award in a pharma dispute.
  
  
• Representing a leading global chemical company in annulment proceedings before the Higher Regioinal Court Frankfurt relating to an arbitral award in a post-M&A dispute.
  
  
• Advising a leading biotech company in annulment proceedings before Paris courts and representing it in enforcement actions before the Munich courts.
  
  
• Advising a German financial institution to develop its global enforcement strategy (including coordination of asset tracing) for an ICSID award against a European state.
  
  
• Advising a leading global energy company in its enforcement strategy (including state immunity issues) in Germany for an ICSID award against a Latin American state.