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Andreas Daxberger

Partner
An outstanding, extremely client-orientated and solution-oriented lawyer. Just the lawyer you want to have in difficult times.
Client, Legal 500 EMEA 2022
About

Andreas Daxberger is a qualified Austrian attorney and a partner at DLA Piper’s Vienna office. He has over 25 years of experience handling domestic and cross-border litigation and is known for his extensive knowledge regarding dispute resolution. Andreas’ practice specializes in commercial, insurance and construction disputes, representing clients both in national and international litigation and arbitration proceedings (ICC, VIAC, SCC).

He has successfully supported clients from a wide range of business sectors in court proceedings in Austria and has assisted companies and public corporations in major international arbitration proceedings.

He joined DLA Piper in February 2004 and has been a partner in the Litigation & Regulatory Group since 2008 with his main focus on Arbitration & Litigation. Andreas is a member of DLA Piper's international sector groups “Infrastructure, Construction and Transport” and “Insurance” and of the firm’s International Arbitration group.

Professional QualificationsRechtsanwalt registered with Rechtsanwaltskammer Wien

EXPERIENCE

  • Advising a Montenegrin municipality in three sensitive arbitration proceedings (two before ICC, one before SCAI) in the context of a concession granted several years ago for the development of a municipal sewerage system to a German waste water treatment company.
  • Advising a company seated in the Netherlands in an arbitration proceedings (ICC) against an Austrian supplier of transformer parts regarding damage claims.
  • Advising and representing a US logistics company in an international commercial dispute against an Ukrainian state owned manufacturer, a prominent player in the defense industry, regarding non-performance under a sales contract. The dispute was resolved by the Arbitration Institute of the Stockholm Chamber of Commerce.
  • Advising and representing a Slovenian municipality in a politically highly sensitive arbitration in the context of a concession granted several years ago for the development of a municipal sewerage system. We represented the client in the dispute against a German waste water treatment company. The dispute was settled at the Vienna International Arbitral Centre.
  • Representing an Austrian manufacturer in a dispute involving the demand seeking to activate a performance bond/guarantee in connection with the supply of a toilet paper production plant. A preliminary injunction blocking pay-out under the performance bond was successfully obtained. The arbitration proceeding was performed under the ICC rules.
  • Representing (together with a US law firm) a foreign government in an arbitration with a US company before the Austrian Chamber of Commerce (Vienna Rules). The dispute relates to a joint venture agreement, questions on tort law in different jurisdictions, and procedural questions on Austrian law and the Vienna Rules.
  • Strategic advice to an internationally active insurance company on conflict prevention in a controversy with another internationally active insurance company on the subject of subsidiarity of insurance clauses and supplementary liability issues. The aim is to draft a joint proposal to the policy holder to avoid a legal dispute between the insurers and the policy holder.
  • Advising an airline based in the CEE in a lawsuit against an organisation that represents the interests of employees and consumers regarding contract disputes.
  • Representing a home loan and savings bank in several asset mortgage actions against borrowers in default, including representation in the subsequent foreclosure proceedings.
  • Advising and representing an international financial services organization in a dispute against a Bulgarian company specialized in food and agriculture. The dispute relates to the non-payment under the agreement related to swaps and over-the-counter derivative transactions in commodities markets.
  • Advising and representing a subsidiary of a UK based industrial engineering company as a defendant in a contract litigation case. We advised and represented the client against claims of alleged breach of exclusivity agreements towards a customer who supplies parts for nuclear power plants.
  • Representing a leading producer of coffee accessories against a former contract partner in the Czech Republic before the Commercial Court in Vienna. This matter contains disputes from a contract, claims from the termination of a contract and specific questions about the law concerning commercial agents at an EU level.
  • Representing a leading Austrian bank in a dispute before the Commercial Court against a US and Cyprus-based company under Russian, Jersey and Austrian law. The matter contains complex legal questions as regards piercing the corporate veil, return of capital contributions, res judicata (arbitration proceeding) and damages.
  • Representing a US company against another US company before the Austrian Chamber of Commerce (Vienna Rules). The USD 50 million dispute relates to a joint venture agreement, questions of a compulsory assignment of contract as well as damages.
Languages
  • German
  • English
Education
  • University of Salzburg, Mag. iur., 1996

Memberships And Affiliations

  • Austrian Bar Association
  • Lawyers Association

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