Marc Jacob is a senior associate in the International Arbitration and the Public International Law practices.
He is admitted to practice in Germany, England and Wales. Marc specializes in international commercial arbitration, investment treaty arbitration and international law. Marc advises and represents States, State entities, international organizations and private multinational corporations. His experience includes a wide variety of institutional and ad hoc proceedings, including under ICSID, UNCITRAL, ICC, AAA, HKIAC, Swiss Rules, VIAC and DIS rules.
He is listed as a rising star in industry guides such as Euromoney’s LMG Rising Stars (2015-19).
International arbitrations on which Marc Jacob has worked include the representation of:
- Ukraine as respondent in an investment treaty arbitration against a CIS entity under the rules of the SCC. The dispute relates to the financial sector.
- The People’s Republic of China in an ICSID arbitration brought by Hela Schwarz GmbH (ICSID Case No. ARB/17/19). The claims are brought under the China-Germany bilateral investment treaty.
- The Republic of Lithuania, Respondent in an ICSID arbitration brought by Veolia Environnement S.A. and others in relation to district heating and power generation systems in Lithuania (ICSID Case No. ARB/16/3). The claims are brought under the Lithuania-France bilateral investment treaty.
- The Republic of Croatia, Respondent in an ICSID arbitration initiated by Georg Gavrilovic and Gavrilovic d.o.o. under the Croatia-Austria bilateral investment treaty (ICSID Case No. ARB/12/39). The dispute related to a food products enterprise.
- The majority shareholders in the former Yukos Oil Company in post-award proceedings in Germany to seek the recognition and enforcement of the $50 billion awards rendered in the arbitrations brought by the shareholders against the Russian Federation concerning the expropriation of their investments in Yukos.
- A European life sciences company, Respondent in an arbitration brought by a European chemical company seeking indemnification under a Share Purchase Agreement. The law of the Claimant’s State applied.
- A Middle Eastern company in an ICC arbitration in Doha against a Middle Eastern energy company. The dispute arose from a gas supply agreement. Qatari law applied.
- A U.S. company, Claimant in an arbitration under the Swiss Rules of International Arbitration against two European companies. The post-acquisition dispute arose out of breaches of a share purchase agreement and the Respondents’ duty of good faith. German law governed.
- A leading global biotechnology company in ICC proceedings in France defending against a German company in the global pharmaceutical market. The dispute arose from an agreement relating to a biotech patent license arrangement under German and U.S. law.
- A European distributor claiming against a prominent German car manufacturer in VIAC proceedings. More than €123 million was at stake. German law applied.
University of Frankfurt
Dr. jur., summa cum laude
Harvard Law School
LL.M., Landon H. Gammon Fellowship for Academic Excellence
University College London
LL.B., First Class Honours
- Barrister, England & Wales
- Rechtsanwalt, Germany
- Marc teaches international economic law and investment arbitration at the University of Tübingen, Germany. He is a regular speaker on issues of arbitration and public international law.
- Marc is a member of various professional organisations dealing with dispute settlement, arbitration and international law, including the German Institution of Arbitration (DIS), German Branch of the International Law Association (ILA), British Institute of International and Comparative Law (BIICL), American Society of International Law (ASIL) and the Honourable Society of the Inner Temple.
- “Dispute settlement mechanism under the London Agreement on German External Debts (1953),” in Max Planck Encyclopedia of International Procedural Law (H. Ruiz Fabri ed., Oxford University Press, 2019)
- “Counterclaims and State Claims,” in Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration 347-368 (C. Beharry ed., Brill Nijhoff, 2018) (with J. Sharpe)
- “Über Reden und Überdenken: Der Kampf um die Rechtsprechungsänderung durch den Europäischen Gerichtshof als Kristallisationspunkt des europäischen juristischen Diskurses,” by Jan Kalbheim, book review, in 55(2) Common Market Law Review 673-676 (2018)
- “Transnational Litigation and Extraterritorial Jurisdiction: Domestic Remedies for International Wrongs,” in The US Supreme Court and Contemporary Constitutional Law: The Obama Era and Its Legacy 229-251 (A. Kaiser, N. Petersen, J. Saurer eds., Nomos, Routledge 2018)
- “Fair and Equitable Treatment: Content, Practice, Method,” in International Investment Law 700 (M. Bungenberg, J. Griebel, S. Hobe and A. Reinisch eds., C.H. Beck, Hart, Nomos, 2015) (with S. Schill)
- “Art. 268 TFEU: Jurisdiction in Disputes Relating to Compensation” [in German], in Das Recht Der Europäischen Union (Grabitz/Hilf/Nettesheim eds., C.H. Beck, 2015) (with M. Kottmann)
- “Art. 340 TFEU: Action for Damages” [in German], in Das Recht Der Europäischen Union (Grabitz/Hilf/Nettesheim eds., C.H. Beck, 2015) (with M. Kottmann)
- “Going Soft: Towards a New Age of Soft Law in International Investment Law?,” 8(1) World Arbitration & Mediation Review 1 (2014) (with S. Schill)
- Precedent and Case-Based Reasoning in the European Court of Justice: Unfinished Business (Cambridge University Press, 2014; paperback edition 2016)
- “Technique and Contents of International Investment Treaties: Can the Form Affect the Substance?,” in Preferential Trade and Investment Agreements: From Recalibration to Reintegration 81 (R. Hofmann et al. eds., Nomos, 2013)
- “Common Structures of Investment Law in an Age of Increasingly Complex Treaty-Making,” Columbia FDI Perspectives No. 94, May 6, 2013 (with S. Schill)
- “Trends in International Investment Agreements, 2010/2011: The Increasing Complexity of International Investment Law,” in Yearbook on International Investment Law & Policy 141 (K. Sauvant ed., Oxford University Press) (with S. Schill)
- “The Alien Tort Statute before the US Supreme Court in the Kiobel case: Does international law prohibit US courts to exercise extraterritorial civil jurisdiction over human rights abuses committed outside of the US?,” ZaöRV 72, 1-25 (2012) (with J. von Bernstorff and J. Dingfelder Stone)
- “Faith Betrayed: International Investment Law and Human Rights,” in International Investment Law and Its Others 25 (R. Hofmann and C. Tams eds., Nomos, 2012)
- “Investments, Bilateral Treaties,” in VI Max Planck Encyclopedia of Public International Law 317 (R. Wolfrum ed., Oxford University Press, 2012)
- “London Agreement on German External Debts (1953),” in VI Max Planck Encyclopedia of Public International Law 932 (R. Wolfrum ed., Oxford University Press, 2012)
- “Bank for International Settlements,” in I Max Planck Encyclopedia of Public International Law 821 (R. Wolfrum ed., Oxford University Press, 2012)
- “Precedents: Lawmaking Through International Adjudication,” 12(5) German Law Journal 1005 (2011); also published in International Judicial Lawmaking 35 (A. von Bogdandy & I. Venzke eds., Springer, 2012) and translated into Spanish: “La Función Sistémica del Precedente: Perspectivas del Derecho Internacional,” in II La Justicia Constitucional y su Internacionalización 675 (A. von Bogdandy, E. Ferrer Mac-Gregor, M. Morales Antoniazzi eds., Universidad Nacional Autónoma de México, 2010)
- “The Judge as Law-Maker: Thoughts on Bruno Simma's Declaration in the Kosovo Opinion,” in From Bilateralism to Community Interest: Essays in Honour of Judge Bruno Simma 809 (U. Fastenrath et al. eds., Oxford University Press, 2011) (with A. von Bogdandy)
- “International Investment Agreements and Human Rights,” INEF Research Paper Series on Human Rights, Corporate Responsibility and Sustainable Development 03/2010 (Institute for Development and Peace, Universität Duisburg-Essen, 2010)
- Prior to joining the firm, Marc was a Senior Fellow at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg, Germany, where he specialized in general international law, international investment law and arbitration, EU law and English law.
- Marc was also an amicus curiae in U.S. Supreme Court proceedings. He has provided legal opinions on general international law, diplomatic immunity, the law of the sea, international human rights law and investment law.