Morris Besch

Rechtsanwalt (Lawyer)
Partner
Practice Group: Arbitration
Practice Group: Corporate & Financial Litigation

Dr Morris Besch is Partner at Noerr in the Litigation, Arbitration & ADR Practice Group. He has many years of experience in the field of arbitration law and litigation. Dr Morris Besch represents German and international clients in national and international arbitration proceedings (inter alia under the rules of DIS, ICC and SCC and in ad-hoc arbitration proceedings) and before state courts. He specialises in complex civil, commercial and corporate law disputes, for example in connection with long-term supply agreements, contract and price adjustments and contractual penalty provisions. His industry focus is on energy, renewable energy and trade.

Expertise

  • National and international arbitration
  • Litigation
  • Commercial Litigation
  • Corporate disputes, Post M&A
  • Civil, trade and corporate law

Career

  • Legal studies at the University of Cologne
  • Doctoral thesis at the University of Cologne on "Foreign Investments - Risk prevention by Investment Contracts" (grade: summa cum laude, awarded with the Osborne Clarke Prize 2008 for International Law))
  • Legal experience in the M&A department of a British major law firm in Cologne
  • Experience in the legal department of BayerMaterialScience AG in Leverkusen and at the Federal Ministry for Economic Cooperation and Development in Bonn
  • At Noerr since 2008
  • Admitted to the Dresden Chamber of Lawyers

Selected Projects

  • Representation of a German natural gas wholesaler and energy provider in arbitration proceedings under the Arbitration Rules of the German Arbitration Institute (DIS) against an European energy supplierr concerning disputes in connection with a long-term supply agreement and regarding price adjustment.
  • Representation of a German biogas producer in ad hoc arbitration proceedings against a German natural gas wholesaler and energy supplier concerning a price adjustment
  • Representation of three German energy companies in ad hoc arbitration proceedings against another German energy company in connection with a Post M&A dispute regarding a combined heat and power plant
  • Representation of the insolvency administrator of a German solar energy company in arbitration proceedings against another German solar energy company under the arbitration rules of the DIS regarding a dispute concerning a solar panel delivery contract
  • Representing a listed Swedish pharmaceutical company in arbitration proceedings against a German research and development company according to the arbitration rules of the Institute of Stockholm Chamber of Commerce (SCC) regarding a licensing dispute
  • Representation of the City of Dresden in arbitration pro-ceedings under the Arbitration Rules of the DIS against a German real estate company regarding a post M&A dispute and contract penalties (amount in dispute: 1 Billion Euro)
  • Representation of several German companies and Insolvency Administrators in Post M&A disputes, shareholder disputes, D&O liability disputes and disputes regarding the challenging of resolutions of general shareholders' meetings

Memberships

  • German Arbitration Institute (DIS)
  • DIS 40
  • Energy Arbitration Group

Selected Publications

  • Besch/Kreuzeder, The new DIS-Arbitration Rules - A summary of the changes entered into force on 1 March 2018, RIW 5/2018, 256-266
  • State Contracts – Typical questions arising within negotiations, in: Bungenberg/Griebel/Hobe/Reinisch (eds.), International Investment Law (Beck/Harta/Nomos, Baden-Baden 2015)
  • Schutz von Auslandsinvestitionen – Risikovorsorge durch Investitionsverträge (Verlag Recht und Wirtschaft, Frankfurt am Main 2008)