Tim Rauschning

Tim Rauschning specialises in complex disputes, in particular international arbitrations (including the recognition and enforcement of arbitral awards). His focus lies on disputes relating to commercial and corporate law, to the energy and infrastructure sectors as well as on investment disputes (investor-state disputes settlement, ISDS), including ICSID arbitrations under the Energy Charter Treaty (ECT). He also advises investors regarding the protection of the foreign investments against political risks and is experienced with complex damage issues concerning business valuations.

In the energy and infrastructure sector, he advises and represents clients in particular in all disputes along the value chain of energy companies (especially, energy generation and distribution). He has experience with conventional and renewable energy sources as well as mining projects.

As a member of Luther’s Central- und South America Team, his regional focus is on Latin America.

Complex Disputes
Arbitration
Litigation

Tim Rauschning studied law in Passau (Germany), Tours (France) and Kiel (Germany). At Kiel University, he was also a lecturer in the master programme “International Politics & International Law”. As a legal trainee (Rechtsreferendar), he worked, inter alia, in the litigation and arbitration department of a major international law firm, at the United Nation’s Office of Legal Affairs and the German Mission to the United Nations in New York.

Tim Rauschning joined Luther in 2012 where he is a member of the Complex Disputes practice group and the Energy industry group.  2017 he made a secondment in the arbitration department of a major Brazilian law firm in São Paulo/Brazil.

He is a Regional Co-Chair of the DIS40 (German Initiative of Young Arbitrators). He regularly speaks and publishes on arbitration as well as investment law topics.

Tim Rauschning is a German national and speaks – in addition to German and English – Spanish, Portuguese, and French.

• Vattenfall AB et al. v. Federal Republic of Germany – Advising and representing the major Swedish energy utility Vattenfall in an ICSID arbitration based on the ECT concerning the German nuclear phase-out (ICSID Case No. ARB/12/12)
• E.ON SE et al. v. Kingdom of Spain – Advising and representing the major German energy utility E.ON in an ICSID arbitration based on the ECT concerning fundamental regulatory changes in the renewable energy sector (ICSID Case No. ARB/15/35)
• Advising various European energy and mining companies concerning claims under investment protection agreements arising out of the phase-out of coal-fired power generation in Western and Central European states
• Advising an Eastern European state-owned enterprise concerning an ICC arbitration regarding claims under an air charter agreement
• Advising a leading German health care company concerning a DIS arbitration regarding claims against a Mexican distributor
• German Investors v. Czech Republic – Advising and representing German investors in an ad hoc BIT arbitration seated in Switzerland concerning tariff cuts for renewable energy facilities
• German Investors v. Venezuela – Advising a German investor concerning a potential investment arbitration regarding the expropriation of a company in the agricultural sector

• Digest of ICSID Awards and Decisions 2008-2010
• Project Finance: Germany, Getting the Deal Through
• Germany [A Review of German Arbitral Jurisprudence in 2015 and 2016]
• Country Chapter Germany "The European Arbitration Review 2017"
• Germany [A Review of German Arbitral Jurisprudence in 2014 und 2015]
• A Review of German Arbitration Law in 2014 and 2015
• German Federal Supreme Court paves states additional route to escape enforcement of foreign arbitral awards
• The Procurement and Use of Armed UAVs by the German Military in International and German Law

• The clock is ticking: States to cancel international legal protections, endangering existing claims of international investors

• DIS & DIS40 – German Institute for Arbitration
• ELArb – European-Latinamerican Arbitration Association
• LAV & LAV juniors – Business Association for Latin America
• ASA below 40 – Swiss Arbitration Association
• ICC YAF – Young Arbitrators Forum
• LCIA YIAG – Young International Arbitration Group
• YAAP – Young Austrian Arbitration Practitioners
• Young ICCA – International Council for Commercial Arbitration
• Young ICSID – International Center for Settlement of Investment Disputes