Frankfurt
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+49 69 9711 1000
F:
+49 69 9711 1100
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Richard
H.
Kreindler
Partner
Education
Westfälische Wilhelms University of Münster, Dr. jur., 2005
Columbia University, J.D., 1985
Ludwig Maximilians University of Munich, Magister, 1982
Harvard University, A.B., 1980
Practice
Mr. Kreindler is a partner of Shearman & Sterling LLP, resident in its Frankfurt office. He practices in the areas of international arbitration and litigation. Mr. Kreindler has handled approximately 160 commercial, investment, construction and infrastructure arbitrations before and under the rules of the leading US, European and other institutional and ad hoc arbitration regimes, including AAA, DIS, ICC, ICSID, LCIA, SIAC, SCC, Swiss Rules, UNCITRAL, Vienna Rules, WIPO and ZCC. His experience as arbitrator includes 36 arbitrations, of which 7 as Chairman (ICC and DIS), 3 as Sole Arbitrator (WIPO) and 27 as party arbitrator (including 14 ICC). He has also represented private and sovereign entities in some 45 commercial, construction and natural resource damage claims under public international law before the Iran-United States Claims Tribunal and the United Nations Compensation Commission. Mr. Kreindler has advised on cross-border enforcement of foreign arbitral awards and vacatur/set aside proceedings respecting domestic and international arbitral awards, particularly in relation to Austria, China, France, Germany, India, Korea, the Netherlands, Switzerland, the United Kingdom and the United States. He also routinely advises on multijurisdictional aspects of US, German, European, Asian and Middle Eastern civil litigations, including cross-border taking of evidence and recognition and enforcement of judgments. He provides regular advice to leading international companies on compliance and anti-corruption programs and policies, including in the context of government investigations of foreign corrupt practices, especially in and related to France, Germany, Eastern and Central Europe, Southeast Asia and the United States.
Recent Experience
- As counsel, various commercial, investment, construction and infrastructure arbitrations on behalf of European, US and other multinational companies with seat of arbitration in various locales worldwide (e.g., ICC, AAA, LCIA, UNCITRAL, DIS, SCC, WIPO, ZCC/Swiss Rules, etc.). The disputes relate to post-M&A transactions, heavy-duty plant construction and engineering, patent and other IP licensing, international automotive supply, government procurement and military sales, transportation and infrastructure, mining, oil and gas, tax, etc. His major representations include lead trial counsel for DaimlerChrysler AG in a successfully settled arbitration versus Bombardier Inc. (ICC Rules, Geneva situs, German substantive law, international post-M&A transaction dispute, ca. €1 billion at issue).
- As expert, issues of jurisdiction/admissibility in Energy Charter Treaty-based ICSID investment arbitration, jurisdiction/admissibility in Bilateral Investment Treaty-based ICSID investment arbitration, enforcement of SIAC Singapore-based arbitral award under Article V(i)(e) New York Convention in Korean Courts, and enforcement of ICC Paris-based arbitral award under Article V(1)(c) and V(2)(b) New York Convention before Supreme People's Court of China.
- He regularly advises on challenge and enforcement proceedings subsequent to rendering of interim or final arbitral award in courts of appropriate jurisdiction, particularly in relation to Austria, China, France, Germany, India, Korea, the Netherlands, Switzerland, the United Kingdom and the United States.
- At the request of Nokia Corporation, he served in 2007 on an interim basis as Chief Compliance Officer of Nokia Siemens Networks (NSN) in Helsinki/Munich and worldwide, directly reporting to the Nokia Chief Legal Officer, Nokia Audit Committee, NSN Board of Directors and NSN Executive Board.
Selected Professional & Business Activities
- Member of the Editorial Board or Advisory Board of various legal publications and institutions, including Arab Law Quarterly, Arbitration & Dispute Resolution Journal, Arbitration International, CPR International Institute for Conflict Prevention and Resolution, Institute for Transnational Arbitration, International Arbitration Law Review, International Bar Association Subcommittee on Evidence, International Commercial Litigation, International Committee of Chartered Institute of Arbitrators, International Journal of Dispute Resolution, International Legal Materials, Restatement Third – The U.S. Law of International Commercial Arbitration, Revue de Droit des Affaires Internationales, World Arbitration and Mediation Report
- Council Member, ICC Institute of World Business Law
- Member, American Bar Association, American Bar Foundation, American Council on Germany, American Law Institute, American Society of International Law, Atlantik-Brücke, German Institution of Arbitration, International Arbitration Club, International Arbitration Institute, International Bar Association, International Law Association, Swiss Arbitration Association and others
- Harvard Club Rhein-Main (Frankfurt), Board of Directors, Vice-President and Counsel; International Bilingual Montessori School e. V. (IBMS) (Frankfurt), Chairman of Board
Publications and Academic Activity
- Honorary Professor of Law, 2009, and regular instructor, University of Münster, Germany
- Various other periodic teaching/lecturing at the following university law faculties: American, Columbia, Frankfurt, Harvard, Heidelberg, Mainz, Rotterdam, Stockholm, Tokyo, Uppsala, Yale; lecturer in Private International Law, Hague Academy of International Law, Summer Course, selected for Summer 2012
- Schiedsgerichtsbarkeit - Kompendium für die Praxis [Arbitration - A Practitioner’s Compendium], 2006, with J. Schaefer and Dr. R. Wolff (Verlag Recht und Wirtschaft)
- Evaluation of Damages in International Arbitration, Dossiers IV, ICC Institute of World Business Law, 2006, Co-Editor with Y. Derains (ICC Publishing)
- Strafrechtsrelevante und andere anstößige Verträge als Gegenstand von Schiedsverfahren [Illegal and Other Objectionable Contracts as the Subject of Arbitration], Schriftenreihe Abhandlungen zum Recht der Internationalen Wirtschaft, Vol. 71, 2005 (Verlag Recht und Wirtschaft)
- Transnational Litigation: A Practitioner’s Guide, 1997, 1999, General Editor (Oxford/Oceana)
- Transnational Litigation: A Basic Primer, 1998 (Oxford/Oceana)
- Over 300 other publications and lectures in international arbitration, litigation and compliance/anti-corruption issues in English, German and French languages
Bar Admissions/Qualifications
1986,
New York
1992,
Avocat, Paris
1992,
Rechtskundiger, Frankfurt
2006,
Fellow and Chartered Arbitrator, London
Courts
1986,
United States District Court for the Southern District of New York
1986,
United States District Court for the Eastern District of New York
Languages
English
German
French
Russian
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