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Marc Jacob

Dr Marc Jacob LL.M.

Partner
Marc is top-notch in the field.
Who's Who Legal 2023
About

Marc is an advocate and adviser in our leading international arbitration and litigation practice.

He acts for companies and states worldwide in investment treaty, commercial and infrastructure disputes. Marc has handled matters under almost all the major arbitral rules. He also has significant experience in cross-border court proceedings.

Marc often assists at the intersection of multiple jurisdictions, legal traditions and cultural backgrounds. He recently helped a client in a high-value and politically significant investment treaty arbitration. This involved domestic proceedings across several countries. He was also involved in one of the largest commercial arbitrations in Germany in recent years.

Marc also advises on and argues public international law issues and regularly assists international organisations and other clients on a pro bono basis.

Professional QualificationsBarrister in England and WalesRechtsanwalt admitted with Rechtsanwaltskammer Frankfurt am Main

EXPERIENCE

  • A major European industrial company regarding investment protection and political risk relating to energy sector investments in Russia. 
  • A global leader in AI solutions in German commercial litigation against a subsidiary of a major European telecommunications company concerning an IT dispute.
  • A leading international entertainment company in complex multi-district mass litigation.
  • An Asian company in German law DIS arbitration concerning an offshore wind farm project in the German North Sea.
  • Ukraine in SCC arbitration in Stockholm against VEB.RF, the Russian state development corporation. The dispute relates to sanctions and other measures allegedly targeting Russian banks in Ukraine after 2014. The claims are brought under the 1998 Ukraine-Russia BIT.
  • Lithuania in ICSID arbitration brought by a multinational group of companies in relation to district heating and power generation systems in Lithuania. The claims are brought under the Lithuania-France BIT.
  • Croatia in ICSID arbitration initiated by Georg Gavrilovic and Gavrilovic d.o.o. under the Croatia-Austria BIT. The dispute related to real property and a food products enterprise.
  • A European healthcare company in German law DIS proceedings in Frankfurt brought by a European chemicals company seeking indemnification under a share purchase agreement.
  • A leading global biotechnology company in ICC proceedings in France against a German company in the global pharmaceutical market. The dispute arose from an agreement relating to a biotech patent license arrangement under German and US law.
  • A US company in Swiss Rules arbitration in Geneva against two European private equity companies. The post-acquisition matter arose out of contractual breaches and the respondents’ duty of good faith. German law applied.
Languages
  • German
  • English
Education
  • University of Frankfurt am Main, doctorate in law, summa cum laude, 2012
  • Harvard Law School, LL.M., Landon H. Gammon Fellowship for academic excellence, 2005
  • University College London, LL.B., first class honours, 2004

    University of Heidelberg

Awards and Recognitions

  • Who's Who Legal 2023 – Arbitration Future Leaders – Partners: "Marc is top-notch in the field"; "He can decipher the most complex legal issues and he is extremely comfortable with disputes involving complex legal issues"; “He knows how to handle disputes at the interface between common law and German civil law"
  • GAR Global Arbitration Review 2022: "brilliant advocate and terrific colleague”; “He combines significant experience in international commercial and investment arbitration with an uncommon strategic sense"; “super impressive and persuasive practitioner who... masters not only his own systems of English and German law, but also has an outstanding grasp of the rules and processes of international law”
  • Legal Media Group's Expert Guides 2015-2019: Noted as a rising star in Commercial Arbitration (Germany)

Publications

  • “Art. 268 TFEU: Jurisdiction in Disputes Relating to Compensation” in Das Recht der Europäischen Union (Grabitz/Hilf/Nettesheim eds., C.H. Beck, 2021) (with M. Kottmann)
  • “Art. 340 TFEU: Action for Damages” in Das Recht der Europäischen Union (Grabitz/Hilf/Nettesheim eds., C.H. Beck, 2021) (with M. Kottmann)
  • “Dispute Settlement Mechanism under the London Agreement on German External Debts (1953)” in Max Planck Encyclopedia of International Procedural Law (H. Ruiz Fabri ed., Oxford University Press, 2019)
  • “Counterclaims and State Claims” in Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration 347 (C. Beharry ed., Brill Nijhoff, 2018) (with J. Sharpe)
  • “Fair and Equitable Treatment: Content, Practice, Method” in International Investment Law 700 (M. Bungenberg et al. eds., C.H. Beck, Hart, Nomos, 2015) (with S. Schill)
  • “Going Soft: Towards a New Age of Soft Law in International Investment Law?” 8(1) World Arbitration & Mediation Review 1 (2014) (with S. Schill)
  • Precedent and Case-Based Reasoning in the European Court of Justice: Unfinished Business (Cambridge University Press, 2014; paperback, 2016)
  • “Technique and Contents of International Investment Treaties: Can the Form Affect the Substance?” in Preferential Trade and Investment Agreements: From Recalibration to Reintegration 81 (R. Hofmann et al. eds. Nomos, 2013)
  • “Common Structures of Investment Law in an Age of Increasingly Complex Treaty-Making” Columbia FDI Perspectives 94, May 2013 (with S. Schill)
  • “Trends in International Investment Agreements, 2010/2011: The Increasing Complexity of International Investment Law” in Yearbook on International Investment Law & Policy 141 (K. Sauvant ed., Oxford University Press, 2013) (with S. Schill)
  • “Investments, Bilateral Treaties” in Max Planck Encyclopedia of Public International Law 317 (R. Wolfrum ed., Oxford University Press, 2012)

Seminars

Marc Jacob is a regular speaker on issues of dispute resolution, arbitration and public international law.

Prior Experience

  • Before joining DLA Piper, Marc Jacob worked in an international law firm in Frankfurt. He was formerly a senior fellow at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg.

Lecturer

  • Since 2012, Marc Jacob has taught investment arbitration and international law at the University of Tübingen.

Memberships And Affiliations

  • ICC Commission on Arbitration and ADR, ICC Germany
  • London Court of International Arbitration (LCIA)
  • The German Institution of Arbitration (DIS)
  • Swiss Arbitration Association (ASA) 
  • German Branch (DVIR) of the International Law Association (ILA)
  • The British Institute of International and Comparative Law (BIICL)
  • The Honourable Society of the Inner Temple
  • International Bar Association (IBA)
  • Harvard Club Rhein-Main

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