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Dr Bajar Scharaw

Dr Bajar Scharaw LL.M.

Associate

Bajar is an Associate in our dispute resolution practice based in Frankfurt am Main.

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Experience

Bajar focuses his practice on international dispute resolution matters, with a particular emphasis on investment and commercial arbitration. 

He has represented both investors and states in investment arbitrations under the ICSID Convention and the Energy Charter Treaty. Bajar also represents clients in international commercial arbitrations. His recent work includes a wide range of international disputes, including arbitral proceedings under the ICSID, ICC, LCIA, HKIAC, SCAI and CIETAC Rules.

Bajar’s experience includes:

  • representing a European state in a multi-billion dollar investor-state arbitration under the ICSID Convention and the Energy Charter Treaty
  • representing several European investors in a multi-million dollar investment arbitration against a Southern European state under the ICSID Convention and the Energy Charter Treaty
  • advising a European investor in a multi-million dollar investor-state dispute with an African country in the public infrastructure sector
  • advising a foreign government in arbitration-related court proceedings in several jurisdictions
  • representing a US company in a multi-million dollar post M&A arbitration under the ICC Rules in the public health sector

 

Publications

Co-author, Was bringen Moot Courts? [What are Moot Courts for?] In: NJW-Aktuell, Volume 44, 2019.

Co-author, Sovereign Immunity in Germany. In: Getting the Deal Through, 2018/2019.

Author, The (Provisional) End of Debates on Narrow Dispute Settlement Clauses in PRC First-Generation BITs? – China Heilongjiang et al. v. Mongolia. In: Arbitration International (Oxford University Press), Volume 34, Issue 2, 2018, pp. 293-306.

Author, The Protection of Foreign Investments in Mongolia: Treaties, Domestic Law, and Contracts on Investments in International Comparison and Arbitral Practice. In: European Yearbook of International Economic Law Monographs (Springer, 2017) 358 pages.

Author, Agreement between Canada and Mongolia for the Promotion and Protection of Investments – a Glance at Its Nature, Significance and Features. In: Mongolia Focus – The University of British Colombia, 2017.

Author, Commission Proposal for a Directive on Antitrust Damages and Recommendation on Principles for Collective Redress – the Road towards Private Antitrust Enforcement in the European Union? In: European Competition Law Review, Volume 35, Issue 7, 2014, pp. 352-360.

Memberships

International Law Association (ILA), European Society of International Law (ESIL), German Association of International Law, German-Australian-Pacific-Lawyers Association.

The Mongolian Chamber of Commerce and Industry has appointed him in 2019 as an arbitrator to the panel of arbitrators at the Mongolian International Arbitration Centre (MIAC).

Background

Bajar holds a PhD in investment arbitration and treaty protection. He obtained degrees in law and political science in Germany and an LL.M. from the University of Queensland in Australia where he focused his studies on international economic law and arbitration.

Bajar is admitted to the bar in Germany (Rechtsanwalt). Prior to joining Herbert Smith Freehills, he worked as associate in another international law firm in Frankfurt in the field of international investment law and arbitration.

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