Ben Kempe

Rechtsanwalt (Lawyer), certified specialist in insolvency law
Partner
Practice Group: Corporate & Financial Litigation
Practice Group: Restructuring & Insolvency

Ben Kempe advises on international insolvency proceedings and conducts insolvency litigation for insolvency administrators, business enterprises and credit institutions. Ben represents his clients before state courts and arbitral tribunals in international corporate, banking and financial disputes. His main practice areas include attachment orders and interim injunctions. Ben also has extensive practical experience of dealing with complex enforcement cases and regularly assists in large-scale compulsory auctions.

Expertise

  • Banking law
  • Litigation
  • Insolvency law
  • Foreclosure

Career

  • Legal studies at the Universität Passau and at the University of Western Australia in Perth (Australia)
  • School of Polish law in Krakow (Poland)
  • With Noerr since 2009
  • Admitted to the Berlin Chamber of Lawyers

Selected Projects

  • Representing wind farm funds in defending against preliminary injunctions in a shareholder dispute
  • Enforcing an arbitral award for a Spanish power company regarding shares of a former joint venture partner and enforcing claims under the German Act on contesting legal acts by a debtor outside insolvency proceedings
  • Representing noteholders from the UAE and Canada in the insolvency of a German fashion company and enforcing personal liability claims against its management
  • Asserting payment claims for a Chinese investor in a post-M&A dispute

Memberships

  • Insolvency & Restructuring working group of the German Lawyers’ Association
  • Berlin/Brandenburg Insolvency Law Working Group e.V.
  • Banking and Capital Markets working group of the German Lawyers’ Association

Selected Publications

  • Haftungsfall oder Rettung möglich? - Die fehlerhafte Beklagtenbezeichnung in der Klageschrift, in: NJW 2013, p. 2797
  • Dörrscheidt, Kolja/Kempe, Ben/Ilzhöfer, Saskia: "The statute of limitations on the claims of creditors entitled to separate satisfaction" in: ZIP 2021, 2321

Media

  • awarded as Lawyer of the Year 2022, Handelsblatt/Best Lawyers 2022 in the field of restructuring and insolvency