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Dr Mathias Wittinghofer

Partner

Germany

Dr Mathias Wittinghofer is a Partner in the dispute resolution department in Germany.

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Experience

Mathias is double-qualified as a Rechtsanwalt in Germany and a solicitor in England and Wales. He is also a Fellow of the Chartered Institute of Arbitrators, where he serves on the Committee of the European Branch. A member of i.a. the German Arbitration Institution, the Austrian Arbitration Institution and the Swiss Arbitration Association and listed as a panellist at the Vienna International Arbitration Centre and the Kuala Lumpur Regional Centre for Arbitration, Mathias has over 10 years' experience in handling all kinds of commercial litigations and domestic and international arbitrations, with a special focus on capital markets- and post-M&A disputes, both as counsel and as arbitrator.

Mathias has completed the training required to qualify as a Fachanwalt für Bank- und Kapitalmarktrecht (spezialized banking and finance lawyer), published several articles on banking and finance law as well as international arbitration, and has spoken extensively on both topics. Mathias is also a lecturer on International Arbitration at the Goethe University in Frankfurt.

In 2012 and again in 2015, Mathias was awarded the prestigious ILO Client Choice Award as Germany’s best litigation counsel, based on a survey among more than 2,000 in-house counsels worldwide. In 2017, and again in 2018, Mathias was named by Global Arbitration Online and Who's Who Legal: Arbitration a global "Future Leader": "Mathias Wittinghofer impresses with his impeccable legal skills, outstanding character and great judgment". Also in 2018, Mathias was recognized as one of the 50 "leading lawyers" in the field of arbitration in Who's Who Legal: Germany ("The 'very dynamic' Mathias Wittinghofer is internationally recognised for his 'effective, excellent counsel and cogent presentation of facts and law'; "fast and professional") and as a leading lawyer in the area of TMT ("Mathias Wittinghofer is a disputes guru who is recognised for his invaluable counsel on technology-related matters."). JUVE, the leading German legal directory, lists Mathias as a frequently recommended dispute resolution and litigation expert ("brilliant strategist", "strong counsel in arbitrations"). The Legal 500 Germany acknowledges Mathias as a 'very experienced'  arbitration specialist.

Mathias' experience includes:

  • acting as party-appointed arbitrator in a DIS post-M&A arbitration in the paint and coatings industry
  • acting as party-appointed arbitrator in a DIS arbitration dealing with alleged rights of recourse in the context of an insolvency following an M&A arbitration in the logistics and shipping industry
  • acting for a Russian bank in insolvency and reorganization proceedings of German film distributor
  • representing a Russian investment bank in proceedings obtaining an ex parte order to attach bank accounts in Germany held by an East-European bank to secure a €10+ million claim in parallel with concurrent attachment proceedings in the U.S., the U.K., France and Russia
  • successfully defending a Portuguese government agency in a litigation about the acceleration of a €75 million bond due to alleged cross-defaults and breaches of information covenants under the loan documentation (More information)
  • representing a leading European logistics company in a post-merger dispute under the DIS rules
  • representing a German sickness funds in EUR 270 million dispute over establishing integrated care centres in DIS arbitration and parallel proceedings to have arbitration declared inadmissible by Frankfurt Court of Appeals
  • acting as presiding arbitrator in a DIS arbitration between a bank and a real estate funds in dispute about validity and operation of debtor warrant 
  • representing a German bank in a dispute with a municipal company regarding a  €295 million CDO portfolio swap transaction

Publications

Presentations

  • Speaker, "Model Disputes in Capital Markets Law – The German Class Action Model", International Bar Association Annual Meeting, Sydney, 12 October 2017 
  • Speaker, "Arbitration and Iran", 19th Euro Finance Week, 3rd Banking and Business Forum Iran Europe, Frankfurt, 16 November 2016
  • Speaker, "No Risk, No Fun – A Counsel's Remarks on Integrity in International Arbitration", Deutsche Institution für Schiedsgerichtsbarkeit/German Institution of Arbitration, Fall Conference, 28 September 2016
  • Speaker, "Sovereign debt and enforcing it in the (German) courts – from Argentina to Greece", Workshop at the European Central Bank, Frankfurt, May 2016 
  • Speaker, "Arbitration and the State Courts", Video Post in Observations on Arbitration series,  Herbert Smith Freehills - Arbitration Notes Blog, April 2016 
  • Speaker, "The race for predictability: is it a threat to modern arbitration?", Vienna Arbitration Days, Vienna, 22-23 January 2016 
  • Chair and Speaker, "Regional trends in international arbitration", CDR Autumn Arbitration Symposium, London, 2015 
  • Speaker and Presenter, "Towards a unitary patent law in Europe: The unified patent court and the unitary patent", Samsung Legal Technique Training conference, Seoul, September 2015 
  • Speaker and Presenter, "Private antitrust enforcement in Europe: The new EU directive on antitrust damages actions", Samsung Legal Technique Training conference, Seoul, September 2015 
  • Speaker and Presenter, "The uncitral model law – On international commercial arbitration and proceedings under the uncitral regime", 8th Duesseldorf International Arbitration School and Conference, Duesseldorf, September 2015 
  • Speaker and Presenter, "Pitfalls in M&A arbitration", 8th Duesseldorf International Arbitration School and Conference, Duesseldorf, September 2015 
  • Speaker and Presenter, “Arbitration in Banking & Finance Disputes”, Duesseldorf International Arbitration Conference, Panel Discussion, 27 September 2013 
  • Lecturer “National and International Arbitration”, Goethe-Universität, Frankfurt 
  • Speaker, “Arbitration and Adjudication in International Construction Projects,” Association of the Turkish Construction Industry (INTES), Ankara, March 2010

Background

Associations

  • International Bar Association (IBA)
  • International Council for Commercial Arbitration (ICCA)
  • Deutsche Institution für Schiedsgerichtsbarkeit (DIS) (German Institution for Arbitration)
  • Chartered Institute of Arbitrators, Committee of European Branch
  • Law Society of England & Wales
  • Deutsch-Britische Juristenvereinigung/German-British Jurists Association (DBJV)
  • Bankrechtliche Vereinigung (Association for Banking Law)
  • Austrian Arbitration Association
  • Listed as arbitrator at the Vienna International Arbitration Centre (VIAC)
  • Swiss Arbitration Association (ASA)
  • Member of Panel of Arbitrators of the Kuala Lumpur Regional Centre for Arbitration

Admission

  • England and Wales, United Kingdom (2008)
  • Germany (2004)

Education

  • Oberlandesgericht Frankfurt am Main  (Assessor Exam) (2004) 
  • Westfaelische Wilhelms-Universitaet Muenster  (Referendar Exam) (2000) 

Languages

  • English 
  • German