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Dr David Buntenbroich

Counsel
David is 'very experienced' and a 'smart negotiator with very good expertise'.
Legal 500 Germany 2020
About

David Buntenbroich is a disputes lawyer with over 15 years of experience, acting for clients in insolvency and liability disputes, insurance disputes as well as complex corporate and commercial disputes.

David’s clients include leading international insurance companies, which he represents primarily in Financial Lines claims. David’s deep understanding of the insurance sector paired with his expertise in the relevant areas of procedural and substantial law enables him to provide his clients with the best possible advice.

David is particularly experienced in insolvency disputes. He has helped numerous clients to successfully defend against claims brought by insolvency administrators and regularly acts as monitoring counsel for insurers in insolvency-related D&O cases.

David also acts for insurers in coverage-related disputes, both before state courts and arbitral tribunals. Often such disputes involve coverage and liability issues, in which case David is able to assist his clients with comprehensive advice. In addition, David is experienced with litigating mass claim proceedings.

David regularly speaks and writes on topics of insolvency law and dispute resolution.

Professional QualificationsRechtsanwalt admitted with Rechtsanwaltskammer Cologne

EXPERIENCE

  • Monitoring and litigation counsel for a global casualty insurer in case relating to D&O claims brought by several insolvency administrators of group of companies from the automotive sector, involving numerous coverage and liability disputes before various state courts.
  • Representing an internationally leading insurer in DIS arbitration proceedings, successfully defending against claims under a W&I (Post-M&A) police.
  • Representing an English run-off insurer in more than 80 court proceedings defending against claims related to alleged miscounselling of brokers, involving various complex coverage and liability issues.
  • Representing a Swiss based global insurer as intervenor in court proceedings against directors of policyholder successfully defending against liability and coverage claims related to unlawful labour leasing.
  • Successfully defending a supplier of polymer compounds against claw-back claims brought by insolvency administrator of former customer.
  • Representing a global food and beverages company in a dispute with a former logistics provider after the failed ramp-up of a distribution center intended to cover half of Germany.
  • Representing a German energy company in the dispute with a foreign customer, including various injunction and main proceedings in Germany and abroad.
Languages
  • German
  • English
Education
  • Higher Regional Court of Cologne, Second State Examination, 2006
  • University of Cologne, Ph.D., 2005
  • University of Cologne, First State Examination, 2002

Awards

  • JUVE Handbook 2019/2020: Frequently recommended for dispute resolution: corporate litigation; “Monitoring Counsel in a liability procedure, very pleasant and technically experienced”, competitor
  • Legal 500 Germany 2022: Recommended for dispute resolution: commercial litigation and insurance: litigation; “very experienced”, “smart negotiator and very good expertise” (2020)
  • Handelsblatt in cooperation with Best Lawyers 2023: Recommended for litigation and insurance law

Publications

  • Co-author of Meyer-Landrut (ed.), “Commentary with standard forms on the Law of Limited Liability Companies”, Carl Heymanns Verlag , 4th edition 2019 (publication in German)
  • Case note on decision of German Federal Court of Justice of 29 June 2017 (I ZB 60/16) on whether insolvency arbitrator is bound by arbitration clause in contract with insolvency debtor (co-authored with Markus Kaul), SchiedsVZ (German Arb. J.) 2018, 130
  • Case note on decision of Thuringian Higher Regional Court of 24 March 2016 (1 Sch 7/13) on the court fees for provisional enforcement of an arbitral award under Sec. 1063 para. 3 of the German Code of Civil Procedure, SchiedsVZ (German Arb. J.) 2017, 148
  • “The long road to the determination of claims - In focus: occurrence of insolvency after the arbitral award” (co-authored with Martin Metz), Dispute Resolution 3/2017, 11 (publication in German)
  • “Enforcement without borders - Regulation on a European Account Preservation Order: new possibilities for provisional measures when securing claims cross-border” (co-authored with Martin Metz), Dispute Resolution 1/2017, 6 (publication in German)
  • “Transparency in Investment Arbitration - The Vattenfall case and the UNCITRAL Transparency Rules” (co-authored with Markus Kaul), SchiedsVZ (German Arb. J.) 2014, 1 (publication in German)

Prior Experience

David was admitted to the bar and joined DLA Piper in 2007. Previously, he had worked as Research Fellow at the Center for Transnational Law (University of Cologne).

Memberships And Affiliations

  • International Bar Association
  • International Bar Association
  • German Institution of Arbitration (DIS)
  • Cologne Bar Association (Kölner Anwaltverein)
  • Cologne Legal Society (Kölner Juristische Gesellschaft)

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