Hendrik Puschmann

Partner, Trowers & Hamlins LLP

Hendrik is a Partner in Trowers & Hamlins' Commercial Disputes team and Co-Head of the International Arbitration group.

Hendrik has nearly 20 years' experience advising clients on a wide range of complex and high-value disputes, both in arbitration and in court. He also acts as arbitrator and mediator, and as expert witness on English law in foreign proceedings.

Hendrik has extensive experience in representing entrepreneurs, family offices, companies and governments in cases ranging across M&A, joint ventures, franchising, construction, engineering, insurance, shipping, commodities, art and cultural property and other fields.

He has acted as party representative and arbitrator in both commercial and investor-state arbitrations under various rules, such as LCIA, ICC, VIAC, SIAC, DIS, LMAA, UNCITRAL, ICSID and the ICSID Additional Facility. He also assists clients with the enforcement, appeal, annulment, and injunction of arbitral awards and has given strategic advice to several governments on their investment treaty portfolio.

Hendrik is multilingual and qualified in four jurisdictions (both civil law and common law), which enables him to handle cross-border issues effectively. He is known for his pragmatic and assertive approach to dispute resolution and advocacy.

An academic as well as a practitioner, he holds fellowships at both Green Templeton College, Oxford and Clare Hall, Cambridge, and has taught at a number of universities, including Exeter, the European Business School (Germany) the University of Malawi, Middlesex, and Linz (Austria). Widely published on a variety of arbitration matters, he is the principal author of a leading textbook on challenges against arbitrators and arbitral awards. He is currently completing a commentary of the LMAA Terms.

Contributed to

4

AA 1996—extension of time for commencing arbitration (s 12)

Practice Notes

This Practice Note sets out the circumstances in which an extension of time may be granted, upon application of a party, under section 12 of the Arbitration Act 1996 (AA 1996) to a contractual time period for commencing or starting arbitration proceedings under English law. The Practice Note considers the 'reasonable contemplation' test applied by the court under AA 1996, s 12(3)(a), the first basis for an order granting an extension. The Practice Note also considers the second basis for an extension, namely where conduct of one party makes it unjust to hold the other party to the strict terms of the provision in question (AA 1996, s 12(3(b)).

Arbitration

Arbitral awards—types, requirements and effect

Practice Notes

This Practice Note considers the types of arbitral awards that can be made or issued in (international) arbitration proceedings, including final, ‘interim’, provisional, default and consent awards. It sets out the requirements of an award and the remedies that the tribunal may order. It also deals with the date of the award (which is important for appeal and challenge purposes), the way in which notice of the award is given, and the effect of the award (including issues of res judicata and (issue) estoppel). The Practice Note also covers costs, which may be dealt with in a separate award after the tribunal has made its decision on liability.

Arbitration

Separability of arbitration agreements in international arbitration

Practice Notes

This Practice Note considers the ‘doctrine of separability’ of arbitration agreements in international arbitration and reflects upon the approach adopted in several key arbitration jurisdictions.

Arbitration

The UNCITRAL Model Law on International Commercial Arbitration

Practice Notes

This Practice Note considers the background and importance of the United Nations Commission on International Trade Law (UNCITRAL) Model Law on International Commercial Arbitration (the Model Law). It addresses what the Model Law is, its key provisions and the relevance of the Model Law to English lawyers.

Arbitration