Jan K. Schaefer

Counsel Matters

• Advising an Asian aviation company against a turbine manufacturer about the enforcement of an interim measure obtained in Germany.
• Advising an Asian technology company in a FRAND dispute with a European patent holder.
• Representing a Middle Eastern bank before the local court in Frankfurt in a multi-million dispute about successfully lifting of a security attachment obtained under European civil procedural law.
• Representing a multi-national consortium in ICC arbitration, Hamburg seat, German law, English language, contract adaptation claims in a large-scale energy infrastructure project.
• Representing, as co-counsel, a US company in an ICC arbitration against a German company, Leimen seat, German law, English language, claims arising under an industrial outfitting agreement.
• Advising a US company in a DIS arbitration against a German company, Hamburg seat, German law, German language, warranty claims.
• Representing a jet broker in a dispute with a major European charter airline.
• Representing a Korean industrial company in an ICC arbitration against Egyptian and Kuwaiti respondents, Paris seat, Egyptian law, English language, multimillion contract termination claim.
• Representing an Eastern European renewable energy company in DIS arbitration proceedings, German seat, German law, English language, delivery claims.
• Representing a German insurance company in ad hoc arbitration proceedings, German seat, German law, German language, post-M&A dispute re call-option.
• Representing a Dutch construction company in DIS arbitration proceedings, Düsseldorf seat, German law, English language, post-M&A dispute about a net-equity warranty and tort claims.
• Representing a U.S. renewable energy company in DIS arbitration proceedings, German seat, German law, English language, multimillion price-review dispute.
• Representing a German automotive company in ICC arbitration proceedings, Paris seat, Egyptian law, multimillion distributorship dispute re commission payment.
• Representing a Middle Eastern gas company in a multimillion price re-opener dispute, preparation of request for arbitration in ICC arbitration proceedings, Geneva seat, New York law.
• Representing a U.S agricultural company in ICC arbitration proceedings, Frankfurt-seated, Swiss law, dispute re violation of manufacturing agreement for noncompliance with FDA requirements.
• Representing a German technology company in Swiss Rules arbitration proceedings, Zurich seat, Swiss law, patent-related dispute re ownership dispute workaround technology under consultancy agreement, co-counsel.
• Representing various German investors in ICSID cases against Spain (Mathias Kruck and others v. Kingdom of Spain, ICSID Case No. ARB/15/23 and KS Invest GmbH and TLS Invest GmbH v. Kingdom of Spain, ICSID Case No. ARB/15/25).
• Representing German and other investors in an ICSID case against Italy (ESPF Beteiligungs GmbH et al. v. The Italian Republic (ICSID Case No. ARB/16/5).
• Advising a German utility company in investment disputes with several Eastern European states about ownership unbundling, case assessment, representing in amicable settlement discussions under the Energy Charter Treaty and the pertinent German bilateral investment treaties.
• Representing an Eastern European company in malpractice proceedings against a law firm relating to an arbitration before the district court of Munich.
• Representing a German real estate fund in a dispute with a German bank regarding the liquidation of an open-ended fund.
• Representing a Dutch construction company in litigation proceedings before the district court in Düsseldorf, post-M&A dispute.
• Representing a U.S. technology company in Hague Convention proceedings before German courts for the taking of witness evidence for U.S. court proceedings.
• Advising a U.S. energy company on enforcement in Germany against assets of a Latin American state arising under a commercial arbitration award.
• Representing a managing director in litigation proceedings before the district court in Cologne, third-party notice in post-M&A dispute about director’s liability.
• Representing an international bank in recognition and enforcement proceedings of a Luxembourg judgment in Germany under the Brussels Regulation.
• Representing a Canadian technology company in independent expert proceedings relating to the sale of a glazing machine.

Arbitrator Matters

• Party-appointed arbitrator in a DIS arbitration, parties from Germany, Luxembourg and the Cayman Islands, German law, English language, Munich seat, post M&A dispute in the private equity industry.
• President of a DIS arbitration, parties from Germany, German law and English language, Stockholm seat, off-shore wind farm dispute.
• President of a DIA arbitration, Dutch and Danish parties, Danish law, English language, Copenhagen seat, post M&A dispute in the IT-cloud industry.
• President of a DIS arbitration, parties from Denmark and Mongolia, German law, English language, Frankfurt seat, dispute in the financial services industry.
• Party-appointed arbitrator in a DIS arbitration, parties from Singapore and Germany, German law and English language, Frankfurt seat, dispute relating to cooperation agreement in the telecommunications space.
• President of an ICC arbitration, parties from Germany and Luxembourg, Luxembourg law and English language, Luxembourg seat, dispute relating to health care industry.
• President of a DIS arbitration, parties from Germany and the United Arab Emirates, German law and German language, Frankfurt seat, post M&A dispute.
• Chairman in a SCC arbitration, Stockholm seat, Swedish law, dispute relating to the telecommunications industry.
• Chairman in a multi-party ICC arbitration, Vienna seat, Polish law, post-M&A dispute.
• Chairman in a DIS arbitration, German parties, German law, German language, Leipzig seat, dispute relating to shareholder information request under corporate law.
• Chairman in a multiparty DIS arbitration, German parties, German law, German language, Dortmund seat, dispute relating to wind energy project and insurance claims.
• Chairman in a multiparty DIS arbitration, Polish and German parties, German law, English language, Frankfurt seat, post-M&A dispute.
• Party-appointed arbitrator in a multiparty DIS arbitration, German parties, German law, German language, Düsseldorf seat, post-M&A dispute.
• Party-appointed arbitrator in a multi-party NAI arbitration, Dutch parties, Dutch law, English language, Amsterdam seat, post-M&A dispute.
• Chairman in an ad hoc arbitration under the arbitration rules of the European Development Funds, Dutch and Dutch Antilles parties, Dutch Antilles law, English language, Curacao seat, dispute about sewage plant.
• Chairman in an ICC arbitration, Russian and German parties, Swedish law, English language, Stockholm seat, dispute about machine sale.
• Chairman in a DIS arbitration, German and Luxembourg parties, German law, German language, Frankfurt seat, gas price dispute under take-or-pay contract.
• Sole Arbitrator in an ICC arbitration, German and Australian parties, German law, English language, Frankfurt seat, industrial plant dispute in food industry.

Jan K. Schaefer heads King & Spalding's dispute resolution practice in Germany. He represents foreign and German clients in domestic and international arbitration matters relating to commercial, construction and investor-state disputes. He appears before German courts in first- and second-instance matters, including for the taking of evidence for foreign proceedings, interim relief and enforcement applications, and is in high demand as international arbitrator. 

With substantial trial and arbitration experience, Jan represents clients in post–merger and acquisition, joint venture, distribution, sales and license matters, as well as in foreign investment, construction and energy-related disputes, both within Germany and across international borders.

Jan represents clients as counsel and advocate in complex and high-value domestic and international arbitration proceedings conducted under various arbitration rules, including those of the ICC, DIS (German Institute of Arbitration), SCC (Arbitration Institute of the Stockholm Chamber of Commerce), and ICSID in multiple venues. He also has experience in ad hoc proceedings under the UNCITRAL Rules.

Jan regularly advises clients on compliance and corruption issues. In several post-M&A matters, he has closely cooperated with criminal defense counsel to align strategies.

Jan has served as chairman, party-appointed, sole or emergency arbitrator in some 85 arbitrations under a variety of rules, including ad hoc proceedings. He also advises clients on effective, efficient resolution of disputes at early stages, including the use of alternative dispute resolution techniques.

Jan has been recognized as leader in his field by Chambers Global, Chambers Europe, Legal 500, JUVE and other leading legal guides. He was named Lawyer of the Year for Arbitration by Handelsblatt and Best Lawyers 2021/22. JUVE and Legal 500 have been naming Jan a \"Leading Name\" for Arbitration for many years.

Jan is a board member of the DIS and the German-Singapore Lawyers' Association. He was board member of the SCC and the Dutch Arbitration Association and a member of the ICC Commission on Arbitration and ADR. He is a member of the Litigation Committee of the German Federal Bar Association (BRAK). He speaks English, German, Dutch and some French.