Dr. Jan Erik Spangenberg is an associate in the Litigation & Trial Department in the Hamburg office of Latham & Watkins. He is a member of Latham's International Arbitration Practice.
Mr. Spangenberg assists and advises companies, individuals and states in successfully navigating complex disputes. He advises and represents parties in domestic and international arbitrations, including commercial and investment arbitrations, as well as in litigation proceedings in German state courts.
Mr. Spangenberg’s arbitration and public international law expertise includes advising and representing clients in relation to international commercial arbitrations under ICC and DIS rules, investment treaty arbitrations under ICSID and UNCITRAL rules, bilateral investment treaties (BITs) and multilateral investment treaties, including the Energy Charter Treaty (ECT), public international law, and export control and international economic sanctions issues. In addition, in his German litigation practice he also focuses on enforcement proceedings, securities litigation, corporate litigation, shareholder litigation, post-M&A disputes and compliance.
He is a recommended lawyer for Arbitration/Mediation (JUVE 2016/2017). Mr. Spangenberg is listed as a “Future Leader” in Who's Who Legal Arbitration 2017. Competitors’ comments with regard to him include: “impressed me in witness questioning, already worldly-wise and seasoned”; “dedicated and professional” (JUVE 2016/2017, 2015/2016). Mr. Spangenberg is a member of the German Institution of Arbitration (DIS), DIS40, ICC YAF, Young ICSID and the German branch of the International Law Association (ILA).
Mr Spangenberg speaks on topical issues related to arbitration and public international law. Past speaking engagements include:
- “Investment Treaty Arbitration – Insights and Recent Developments” (Investitionsschiedsverfahren – Einblicke und aktuelle Entwicklungen), DIS40 Nord, Hamburg, 2014
- “Recent cases under the Czech-German BIT”, Panel at the 3rd Investment Treaty Arbitration Conference, Prague, 2013
Highlights of Mr. Spangenberg's experience include advising and representing inter alia:
- Daimler AG in ad-hoc arbitration proceedings against the Federal Republic of Germany in connection with the introduction of a truck toll in Germany (Toll Collect) with an amount in dispute in excess of €5 billion
- Toll Collect GmbH in ad-hoc arbitration proceedings against the Federal Republic of Germany regarding compensation for toll collection services with an amount in dispute in excess of €1.5 billion
- A major European airline in an ICC arbitration brought by an aircraft components manufacturer in relation to a purchase agreement for its A380 program
- A private equity fund in an ICC arbitration arising out of an post-M&A dispute
- A Successor State in domestic litigation proceedings for the recovery of foreign assets
- The Government of Ukraine in an ICSID arbitration brought under a bilateral investment treaty in relation to a petrochemicals project and alleged expropriation (GEA Group AG v. Ukraine)
- A US oil exploration company on structuring its foreign investments in an African State with a view to obtaining maximum legal protection
- A European energy company in relation to United Nations (UN) and European Union (EU) sanctions regimes against an African state
- The subdivision of an EU Member State in relation to an ICSID arbitration involving issues of alleged expropriation under the Energy Charter Treaty in relation to the construction of a power plant
- A major British insurance entity in a large number of German state court litigations with policyholders in relation to complex financial investments
- The Republic of Macedonia in an ICSID arbitration brought under the Energy Charter Treaty and a bilateral investment treaty in relation to the operation of an electricity network and alleged expropriation and other alleged treaty breaches (EVN AG v.The Republic of Macedonia)
- The Republic of Croatia in an UNCITRAL arbitration under the aegis of the Permanent Court of Arbitration (PCA) brought under bilateral investment treaties in relation to a gaming concession agreement and alleged treaty breaches