Legal Guidance and Research / Experts / Hendrik Puschmann
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Hendrik Puschmann

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.

Practice Area

Panels

  • Consulting Editorial Board
  • Contributing Author

Experience

  • Farrer & Co (2017 - 2024)
  • K&L Gates (2015 - 2017)
  • White & Case (2008 - 2015)

Education

  • St Andrews (MA)
  • Cambridge (MPhil, Marie-Curie Research Fellow)
  • College of Law (LLB)

4 Contributions by Hendrik Puschmann

Arbitral awards under the Arbitration Act 1996: types, form and reasons, dates and seats, challenge time limits and legal effect (England, Wales and Northern Ireland)
PRACTICE NOTES
Arbitral awards under the Arbitration Act 1996: types, form and reasons, dates and seats, challenge time limits and legal effect (England, Wales and Northern Ireland)
This Practice Note reviews the categories of arbitration award and their requirements where the seat of arbitration is in England, Wales or Northern Ireland and the Arbitration Act 1996 (AA 1996) governs the process. Types of arbitral award Within arbitration, an award is the formal instrument that records the arbitral tribunal’s decision. Under English law, there are two principal types: a final award, which finally resolves some or all issues in dispute—see: Requirements of an award a provisional award, addressing matters pending a final award (eg an order for payment between the parties, disposition of property between the parties, or an interim payment on account of costs) pursuant to AA 1996, s 39—see Practice Note: AA 1996—provisional awards Unless the parties agree otherwise, every award is treated as final—see AA 1996, s 58(1). Accordingly, arbitrators have no authority to grant provisional awards unless that power is conferred by the parties—see AA 1996, s 39(4)—which is commonly achieved through the selected arbitral rules. There are several variants on this theme, but each is ultimately either a final award or, less commonly, a provisional one...
Arbitration
Arbitration Act 1996 s 12: Extending contractual time limits to start arbitration—tests, case law and procedure (England & Wales and Northern Ireland)
PRACTICE NOTES
Arbitration Act 1996 s 12: Extending contractual time limits to start arbitration—tests, case law and procedure (England & Wales and Northern Ireland)
The Arbitration Act 1996 (AA 1996) supplies a route for parties who wish to start arbitration but are unable to do so within a contractually fixed period, whatever the reason, to seek from the courts of England, Wales and Northern Ireland (with ‘English’ and ‘England’ used throughout) an extension of time. The threshold set by section 12 AA 1996 is stringent, and the English courts are slow to grant extra time. The Act gives primacy to party autonomy and relinquishes any notion that the courts possess a general supervisory jurisdiction over arbitrations, as confirmed in Haven Insurance v EUI (t/a Elephant Insurance). Extension of contractual time limit—AA 1996, s 12 Section 12(1) AA 1996 permits the court to extend a contractual deadline where an arbitration agreement dealing with ‘future disputes’ stipulates a time limit for taking ‘some step…to begin’ proceedings—whether by issuing the arbitration or by satisfying a contractual pre-arbitration alternative dispute resolution requirement, such as compulsory negotiation or mediation. This jurisdiction is confined to contractual time bars; it does not reach statutory limitation periods (section 12(5) AA 1996)...
Arbitration
Separability of Arbitration Agreements: Doctrine, kompetenz-kompetenz, Model Law, national approaches and institutional rules
PRACTICE NOTES
Separability of Arbitration Agreements: Doctrine, kompetenz-kompetenz, Model Law, national approaches and institutional rules
The doctrine of separability This Practice Note examines the 'doctrine of separability' of arbitration agreements in international arbitration. The 'doctrine of separability' regards an agreement to arbitrate contained within a contract as an autonomous agreement, distinct from the main contract. The doctrine preserves the validity and enforceability of arbitration as the parties' chosen mechanism for resolving disputes, even if the principal contract is invalid and unenforceable. Consequently, the arbitration agreement may remain valid and enforceable, notwithstanding that the broader agreement in which it is set is itself held to be invalid and unenforceable. In effect, the parties are treated as having made two separate agreements, and the agreement to arbitrate is separable...
Arbitration
UNCITRAL Model Law on International Commercial Arbitration: Overview, Provisions, Global Adoption, and Relationship to the Arbitration Act 1996 (England, Wales and Northern Ireland)
PRACTICE NOTES
UNCITRAL Model Law on International Commercial Arbitration: Overview, Provisions, Global Adoption, and Relationship to the Arbitration Act 1996 (England, Wales and Northern Ireland)
What is the Model Law? As its title implies, the United Nations Commission on International Trade Law (UNCITRAL) Model Law on International Commercial Arbitration (the Model Law) serves as a template for domestic arbitration legislation produced by UNCITRAL. First issued in 1985, its purpose was for states to adopt and implement it, thereby aligning national approaches to commercial arbitration and improving domestic arbitration laws. In that sense, it has achieved notable success. Iterations of the Model Law have been implemented, in full or with variations, in more than 100 jurisdictions worldwide. A list of states whose legislation is based on the Model Law is available on the UNCITRAL website. UNCITRAL also makes clear on that page that a model law is simply a suggested pattern for law-makers to consider when shaping their own legislation; since states are free to depart from the text when enacting it, the list is indicative only and reflects enactments reported to the UNCITRAL Secretariat...
Arbitration
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