Bühler, Dr. Michael W.

Current Employment Position(s)

Partner

Languages

• English
• French
• German

Lawyer Overview

Michael Bühler, co-head of the Firm's International Litigation & Arbitration Practice, focuses on international dispute resolution in complex arbitrations. He has represented major corporations and state-owned entities in more than 100 arbitrations. Michael acts as chairman, sole arbitrator, and party-appointed arbitrator in arbitrations worldwide.

Michael represents clients in dispute resolutions prior to arbitration (including DABs, expert adjudications, and mediations) and acts as lead or co-counsel in arbitrations under the ICC Rules and those of the arbitration associations of Germany, Belgium, Sweden, Austria, Switzerland, and the U.S. and under the UNCITRAL Rules, ICSID, WIPO (Geneva), and the Court of Arbitration for Sport (Lausanne). He conducts arbitrations throughout Europe, North America, the Middle East, and the Asia-Pacific region in the following fields: civil construction, engineering, supply of industrial equipment, industrial or power plants (often involving the application of the FIDIC Conditions of Contract, in common, civil, and Islamic law); oil and gas projects; hotel development projects and hotel management contracts; and distribution and license agreements in various sectors, including the chemical, pharmaceutical, food, liquor, and luxury goods industries.

Michael started his career as counsel at the ICC International Court of Arbitration, of which he was the German member (1997-2009). He is co-chair of the Task Force of the ICC Commission on Arbitration on the Revision of the ICC Arbitration Rules (2008-), a member of the ICC Commission on International Arbitration, the IBA, and of various arbitration institutions. Michael is coauthor of the Handbook of ICC Arbitration (2nd edition, 2008, Thomson, Sweet & Maxwell).

Areas of Practice

• International Litigation & Arbitration
• Trial Practice
• Energy
• International Arbitration
• International Litigation
• Construction
• International Trade Disputes & Proceedings
• Metals & Mining

Representative Cases

• Belgian engineering company disputes allegations of negligent performance for the supply of engineering services and defective equipment for a bauxite plant in Pennsylvania , (2009)
• Czech manufacturer involved in arbitration against Austrian company in connection with $15 million contract dispute , (2009)
• Czech metallurgic manufacturer involved in arbitration against Swiss manufacturer in connection with $5 million payment dispute , (2009)
• European hydropower company involved in dispute with Italian general contractor concerning an indemnity agreement arising out of a hydroelectric project in the Philippines , (2009)
• Finnish industrial group in arbitration with a private investor group over the sale of a group of companies
• French and Swiss companies involved in ad hoc arbitration against an airline in connection with a commercial agency contract for cargo handling , (2009)
• French company in ICC arbitration concerning share value in a call option , (2004)
• French company involved in ICC arbitration against a North African company in connection with the value of shares in a call option
• French company involved in ICC arbitration with a state-owned central European company in connection with a joint venture with a power generation company
• French engineering and construction company involved in arbitration against a German industrial multinational in relation to a US$1 million dispute
• German baby food manufacturer involved in ICC arbitration against a Lebanese distributor in connection with a claim for wrongful termination of a contract
• German company involved in arbitration against an Iranian company in connection with a $15 million construction dispute , (2009)
• German company involved in ICC arbitration against a Sri Lankan company in connection with operation of a power station
• German company involved in ICC arbitration against a U.S. company in connection with claim for commission under a service agreement
• German company involved in ICC arbitration against a U.S. process equipment designer and manufacturer in connection with a license agreement , (2009)
• German company involved in ICC arbitration against an Algerian company in connection with exclusive sales contract
• German construction companies involved in ICC arbitration against a German multinational concerning a pipework contract for a power plant in Scotland
• German construction companies involved in ICC arbitration against a Middle Eastern government concerning a highway project in the Middle East , (2009)
• German construction companies involved in ICC arbitration against German multinational in connection with the performance of a contract , (2009)
• German construction company in ICC arbitration over airport rehabilitation program , (2009)
• German construction company involved in arbitration against a Middle Eastern government in connection with a US$60 million dispute
• German engineering company arbitrates pipework contract dispute for the repowering of Scotland power plant , (2009)
• German firm involved in ICC arbitration against an Iranian company in connection with construction project in Iran , (2009)
• German holding company in ICC arbitration
• German manufacturer involved in ICC arbitration against owner of Indian power plant in connection with supply of defective diesel engines , (2009)
• German multinational involved in ICC arbitration against an African company
• German multinational involved in ICC arbitration against Belgian company
• German pipe manufacturer involved in arbitration against an Indian company in connection with a US$36 million dispute
• Hydropower generation company in ICC arbitration involving EPC contract dispute in Philippine hydroelectric project , (2009)
• Occidental Petroleum settles dispute concerning oil rights in Yemen after successful ICC arbitration , (2009)
• Swiss company involved in arbitration against a CIS governmental body , (2009)
• Swiss company involved in arbitration against a Polish company concerning a license agreement
• Swiss hotel management company involved in arbitration against a national government of a CIS country in connection with a contract dispute
• Turkish company involved in arbitration against a German construction company in connection with the construction of a cinema complex in Moscow , (2009)
• Turkish company involved in arbitration against a Turkish factory in connection with contract dispute , (2009)
• Turkish construction company involved in arbitration against a CIS governmental body in connection with US$2 million dispute , (2009)
• Turkish construction company involved in arbitration against an Asian government in connection with investment dispute , (2009)
• U.S. energy company involved in arbitration against Guatemalan company
• U.S. hotel group involved in arbitration against a multinational hotel group in connection with a U.S. $3.8 million dispute , (2009)
• U.S. oil company involved in arbitration against a Canadian oil company in connection with US$50 million dispute
• U.S. oil company involved in ICC arbitration relating to onshore oil exploration project , (2009)

West Practice Categories

Bankruptcy Litigation, Business & Trade, Class Actions, Complex Litigation, Federal Appellate Practice, Federal Claims Court, Federal Trial Practice, International Arbitration, International Law, International Trade Litigation, Litigation & Appeals, Military & Veterans Appeals, Multidistrict Litigation, Patent Litigation, State Appellate Practice, State Trial Practice, Tax Litigation, US Court of Appeals for the Federal Circuit, US Supreme Court

Bar Admissions

• Duesseldorf, Germany
• New York
• Paris, France

Education

• Columbia University - New York
• Geneva College
• U of Bonn - Germany
• U of Dusseldorf

Published Works

• Class Actions in Europe: Reality or Myth? The Example of France, 2009
• Handbook of ICC Arbitration - Commentary, Precedents, Materials, coauthor, Thomson Sweet & Maxwell, 2nd edition, 810 pages, 2008
• Zur Vollstreckbarkeitserklärung von Schiedssprüchen in Frankreich in: Die Vollstreckung von Schiedssprüchen, Schriftenreihe der Deutschen Institution für Schiedsgerichtsbarkeit - German Institution of Arbitration, Band 22, pp. 81-85, 2007
• Costs of Arbitration: Some Further Considerations, Global Reflections on International Law, Commerce and Dispute Resolution. Liber Amicorum in honour of Robert Briner - Paris: ICC Publishing, 2005
• Handbook of ICC Arbitration - Commentary, Precedents, Materials, Thomson Sweet & Maxwell, 2005
• Investment Disputes: Ten Questions for In-House Counsel, Practical Law Company, 2005
• New York Law: Awards of Attorneys Fees in International Arbitration, Mealey's International Arbitration Report Vol. 20, No. 5, 2005
• Confidentiality Clauses in International Contracts / Les clauses de confidentialité dans les contrats internationaux, RDAI/IBLJ, N° 3/4 pp. 359-387, 2002
• Alternative Dispute Resolution, Résolution Amiable des Litiges - La négotiation des clauses de règlement amiable des litiges: quelles précautions envisager? EFE Paris, France, 2002
• The Arbitration Rules of the International Chamber of Commerce, coauthor, Practitioner's Handbook on International Arbitration (Weigand ed., C.H. Beck-Djøf, Munich and Copenhagen), 2002
• Construction claims and resolution around the globe, panel discussion, The Global Construction Superconference, London, UK, 2001
• Witness Testimony Pursuant to the 1999 IBA Rules of Evidence in International Commercial Arbitration — Novel or Tested Standards? coauthor, Journal of International Arbitration 17(1) pp. 3-30, 2000
• The German Arbitration Act 1997: Text and Notes, The Hague, (a tri-lingual publication), 1998
• Correction and Interpretation of Awards and Advances on Costs, The New 1998 ICC Rules of Arbitration, Special Supplement of The ICC International Court of Arbitration Bulletin (pp. 53-58), 1997
• Costs in ICC Arbitration: A Practitioner's View, The American Review of International Arbitration (Vol. 3, Nos. 1-4, Essays in Honor of Hans Smit, pp. 117-152), 1992
• GLOSSNER, coauthor with Glossner and J. Bredow, Das Schiedsgericht in der Praixis, Heidelberg, Third Edition (Fourth Edition in Production), 1990
• Technical Expertise: An Additional Means for Preventing or Settling Commercial Disputes, Journal of International Arbitration (Vol. 6, pp. 135-157), 1989

Address

2, rue Saint- Florentin
75001 Paris, France

Phones

33.1.56.59.38.54 (Business Phone)

Faxes

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Emails

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Websites

http://www.jonesday.com