Dr. Markus Altenkirch LL.M.
Biography
Dr. Markus Altenkirch joined Baker McKenzie’s Dispute Resolution Practice Group in 2012. Markus holds a doctorate degree in international arbitration and obtained a master’s degree in law with a special focus on international arbitration at King’s College, London. He teaches at the University of Mainz and regularly publishes in the field of international arbitration. He is the editor of Global Arbitration News, Baker McKenzie's blog on international arbitration, and served as a co-chair of DIS 40, an initiative by the German Arbitration Institute (DIS) for young arbitration practitioners in Germany from 2018-2021. In 2019, Markus developed together with a team of lawyers the Disputes Clause Finder, an online tool to create a fit-for-purpose dispute resolution clause. In 2021, Markus has started his own podcast series: #zukunft. Markus, and his colleague Lisa Reiser, interview leading arbitration practitioners and in-house lawyers on the future of international arbitration.
Markus is described by peers as an "outstanding professional who is definitely one of the future leading arbitration lawyers" and by clients as "a quick-witted, extremely bright and reliable lawyer and an expert on arbitration with a deep understanding of the in-house world." Markus is ranked as Future Leader in International Arbitration by Who is Who Legal and was awarded the Lexology Client Choice Award 2021 and 2022 for Arbitration in Germany. Wirtschaftswoche lists Markus as one of the leading arbitration practitioners in Germany.
Practice Focus
Markus has advised and represented clients in more than 40 international arbitration cases with a special focus on post-M&A disputes as well as disputes arising from license and distribution agreements (in particular in the pharmaceutical industry). Moreover, Markus has experience in handling complex and fact-driven construction disputes involving the construction of power plants or petro-chemical plants.
Markus regularly works with clients from Asia and has a particular focus on arbitration proceedings in the region (e.g. under the HKIAC or CIETAC Rules).
Given his work background and experience, Markus has a solid grasp of typical issues arising from share purchase, license, or construction agreements and also adept at dealing with different legal cultures on the side of the client, the counterparty, and the arbitrators.
Markus also acts as arbitrator, most recently in an arbitration between two pharmaceutical companies.
Representative Legal Matters
- Successfully defended a German utilities company in an HKIAC arbitration with its joint venture partner in China. The Chinese joint venture partner claimed - among others - that the German joint venture partner misrepresented the know-how that it would contribute to the joint venture and misrepresented the business opportunities. The Tribunal followed our line of argument that any liability was excluded and that the German partner did not violate its obligations when forecasting the business opportunities of the joint venture.
- Convinced a DIS Tribunal that a Taiwanese industrial conglomerate had been defrauded when acquiring a German Mittelstand company. The Tribunal awarded damages for the breach of a financial statements warranty on the basis of a valuation multiple and found that the limitation of liability clause in the share purchase agreement did not limit the client’s damages.
- Currently representing and advising the former seller in a post-M&A dispute concerning an earn-out mechanism and involving a purchase price claim of more than EUR 100 million. The dispute concerns the typical challenges for a seller who has no control of the company and its books but whose purchase price claim depends on the financial figures of the target company.
- Currently representing a US biotech company in a license dispute with its licensor. The dispute is subject to the ICC Arbitration Rules and seated in London. The licensor purports to have terminated the License Agreement on the basis of a material breach. The arbitration concerns alleged delays of the clinical development of a drug and breaches of the financial undertakings made pursuant to the Agreement.
- Successfully defended an international pharmaceutical company in a CIETAC arbitration seated in Shanghai against claims filed by the distributor following the termination of the distribution agreement. The arbitration not only involved legal arguments on the question whether the distribution agreement can be terminated without compensation, but also required expert evidence on the res judicata effect of arbitral awards under the Chinese arbitration law.
- Successfully represented a German power plant owner in an ICC arbitration about delayed completion of the power plant with a sum in dispute of more than EUR 1 billion. The contractor raised a counterclaim in an amount of EUR 700 million arguing that the owner disrupted the contractor’s work and that the original EPC contract was frustrated. The tribunal dismissed the counterclaim in its entirety and granted the maximum liquidated damages for delayed completion in favor of the owner.
Professional Honors
- Future Leader in International Arbitration, Who is Who Legal, 2020, 2021, 2022, 2023, 2024
- Recommended for Arbitration in Germany, Who is Who Legal 2024
- Client Choice Award - Arbitration Germany, Lexology, 2021 and 2022
- Wirtschaftswoche, Recommended Lawyer for Arbitration
- Best Lawyers, Ones to Watch, International Arbitration, 2023, 2024
Professional Associations and Memberships
- International Centre for Dispute Resolution - Young & International (ICDR Y&I) - Member of the Global Advisory Board
- German Arbitration Institute (DIS) - Member
- Young International Council for Commercial Arbitration - Member
- HKIAC's HK45 - Member
Admissions
- Germany (2012)
Education
- Regional Court of Mainz (Assessor Exam) (2011)
- King's College London (LL.M.) (2008)
- Johannes Gutenberg University of Mainz (Referendar Exam) (2007)
Languages
- English
- French
- German
Previous Offices
- Frankfurt