Dr. Nicholas Kessler, LL.M., EMBA
Partner
Düsseldorf
Dr. Nicholas Kessler, Partner in the Düsseldorf Office, is a member of the International Arbitration Group. Nicholas' practice focuses on national and international arbitrations and complex litigations, predominantly with regard to post-M&A and corporate law disputes, investment protection cases, product liability and particularly to construction disputes.
Nicholas has extensive experience with arbitral proceedings under the auspices of all of the major arbitral institutions and rules (e.g., ICC, DIS, SCC, LCIA, UNCITRAL, ICSID, ad hoc).
Nicholas graduated from law school in 2003 (University of Munster), earned a PhD in law and an Executive Master of Business Administration (M&A) in 2005 and was allowed to the German bar in 2007. In 2008 he received a Master of Laws diploma from the University of Cambridge (UK) and was entered on the roll as Solicitor of England & Wales in 2010.
Dr. Kessler is a visiting lecturer at the University of Münster and teaches the international arbitration and mediation in the university's post graduate program on mergers and acquisitions. He frequently publishes and holds speeches on arbitration and litigation-related topics.
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Recent notable matters in which Nicholas took part include the following.
- Defending one of the largest German power producers in two proceedings against recourse claims of over 600 million Euros raised by a general contractor in connection with the substantial delay and hundreds of defects of a coal-fired power plant.
- Representing a large European automotive supplier in a joint venture dispute with its 50% co-shareholder in DIS arbitration proceedings and in related resolution annulment and appeals proceedings before the German state courts.
- Representing a major German enterprise in the waste disposal industry in appellate proceedings against the operator of a waste incineration plant regarding price adjustment in a long-term delivery agreement.
- Acting on behalf of a Balkan state in investment arbitration proceedings under the UNCITRAL arbitration rules initiated by alleged investors claiming 250 million USD damages based on allegations of expropriation and unfair treatment in the course allegedly manipulated bankruptcy proceedings.
- Advising a Joint Venture of major European energy producers in a dispute with its general contractor concerning various mutual claims and, inter alia, contractual penalties in connection with the erection of a power plant.
- Advising a US-American consumer appliances manufacturer with respect to product liability and a pan-European product recall.
- Representing a Greek importer and dealership in a controversy with a major German car manufacturer group of companies.
- Advising private equity investors in a post M&A dispute regarding the repayment of a 100 Mio. vendor loan and the release of related securities.
- Representing a major German manufacturer of automotive products in legal proceedings concerning license fees and damages.
- Advising a German steel manufacturer in a dispute regarding price adjustments in a long-term delivery agreement with an international steel processing company.
- Representing a North-American cleaning agent manufacturer in an arbitration against one of the largest German companies in the chemical industry under the Rules of the Chamber of Commerce Germany-Switzerland concerning the validity of a licence agreement and potential violations of IP rights, particularly trademarks.
- Advising Findos, a German private equity fund in connection with the acquisition of software specialist ABIT GmbH, from the financial service provider GFKL Finance Services.
- Restructuring the group of companies of a major German producer of kitchen equipment.
