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Thomas Herbst

// Position:
Attorney at Law

// Admission to the bar:
2020, Austria

// Nationality:
Austria

// Contact:

Mag.iur. Thomas Herbst
T +43 1 8901087 - 94
M +43 664 1878006
thomas.herbst@zeiler.partners

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Thomas Herbst is an attorney at law with zeiler.partners, where he is specializing in international arbitration and commercial litigation. During his time at zeiler.partners, Thomas has gained more than four years of extensive arbitration experience. During this time he has been involved in numerous arbitral proceedings under the rules of ICC, ICSID, VIAC and UNCITRAL as counsel and as secretary to the arbitral tribunal. In this capacity, Thomas has gained experience in a variety of disputes, such as corporate, energy, telecommunications, construction and post-M&A disputes.

Prior to joining zeiler.partners, Thomas clerked at Austrian courts and interned with various law firms, in Austria as well as in New York. He obtained his master’s degree in law (2012) from the University of Vienna with a summer school diploma in European studies (2009) and an additional diploma in Law of international relations (2012).

Thomas is an active member of the young Austrian arbitration community. In the past, he spoke on arbitration related issues and currently lectures on Austrian civil law in English at the University of Applied Science BFI Vienna.

Education

  • Austrian Bar Exam (with distinction), Vienna/Austria (2018)
  • University of Vienna, Vienna/Austria (Additional diploma in “Law of international relations“ 2014)
  • University of Vienna, Vienna/Austria (Mag.iur. 2012)
  • International Summer School – University of Vienna, Strobl/Austria (Certificate with distinction, 2009)

Languages

German (native), English (fluent), French (basic)

Experience

  • Attorney at law, zeiler.partners Rechtsanwälte GmbH, Vienna/Austria (since 2020)
  • Associate, zeiler.partners Rechtsanwälte GmbH, Vienna/Austria (since 2015)
  • Research Associate, Schönherr Rechtsanwälte GmbH, Vienna/Austria (2014)
  • Visiting associate, Duane Morris LLP, Corporate Law Practice Group, New York/USA (2014)
  • Clerkship, Vienna/Austria (2013)
  • Trainee, Burgstaller & Preyer, Vienna/Austria (2010-2011)
  • Trainee, RA Dr. Bürstmayr, Vienna/Austria (2009)

Selected Reference Cases

Highlights of Thomas' work include the following:

  • Representation of a global energy major in an ICC arbitration against a Western European energy company regarding the amendment of a gas supply contract in Eastern Europe (accumulated amount in dispute EUR 316 million).

  • Representation of a global consumer goods retailer in an ICC arbitration against a Central European manufacturer regarding damages for breach of contract (amount in dispute EUR 5 million).

  • Representation of shareholders of a large Austrian industrial conglomerate before Austrian state courts against a global conglomerate in disputes relating to several share purchase agreements (amount in dispute EUR 700 million).

  • Representation of North American OEM supplier in VIAC proceedings against Central European integrator in the aerospace industry (USD 11 million).

  • Representation of Central European construction company in court proceedings on disbursement of performance and advance payment guarantees.

  • Representation of Central European beauty sector manufacturer in court proceedings against former commercial agent.

  • Acted as administrative secretary in ICC, VIAC and ad-hoc arbitration proceedings regarding disputes inter alia in the banking sector, the defence and telecommunications industry as well as international trade disputes.

Publications & Lectures

Herbst & Zojer, Section "Außerstreitverfahren" in chapter "Schiedsfähigkeit", Konfliktlösung in Privatstiftungen, Verlag Österreich, p.167-191, 2019.

Zeiler & Herbst, featured article on “Parties’ Obligation to Confidentiality in International Commercial Arbitration: Fact or Fiction?”, American Bar Association, Just Resolutions Newsletter, May 2019.

Herbst & Schifferl & Zojer (lecturers), Austrian Civil Law, FH BFI Vienna, since 2018.

Herbst & Siwy, Schiedsverfahren in Kartellsachen, in Czernich/Deixler-Hübner/Schauer (Hrsg), Handbuch Schiedsrecht, 2018.

Herbst, The Vienna Repositioning Propositions. Made to Measure vs. Pret-à-Porter, in Austrian Yearbook on International Arbitration 2018 [with Sessler]

Herbst & Siwy, Q & A on Arbitration in Austria, The In-House Lawyer 2017.

Herbst & Zojer (Vortragende), „Streiten mit Dritten - die Beiziehung von Drittparteien ins Schiedsverfahren"; YAAP Roundtable, Café Museum, Wien (Österreich), 14. März 2017, 19:30 Uhr.

 

Thomas Herbst

// Position:
Attorney at Law

// Admission to the bar:
2020, Austria

// Nationality:
Austria

// Contact:

Mag.iur. Thomas Herbst
T +43 1 8901087 - 94
M +43 664 1878006
thomas.herbst@zeiler.partners

V-Card
Download CV

Thomas Herbst is an attorney at law with zeiler.partners, where he is specializing in international arbitration and commercial litigation. During his time at zeiler.partners, Thomas has gained more than four years of extensive arbitration experience. During this time he has been involved in numerous arbitral proceedings under the rules of ICC, ICSID, VIAC and UNCITRAL as counsel and as secretary to the arbitral tribunal. In this capacity, Thomas has gained experience in a variety of disputes, such as corporate, energy, telecommunications, construction and post-M&A disputes.

Prior to joining zeiler.partners, Thomas clerked at Austrian courts and interned with various law firms, in Austria as well as in New York. He obtained his master’s degree in law (2012) from the University of Vienna with a summer school diploma in European studies (2009) and an additional diploma in Law of international relations (2012).

Thomas is an active member of the young Austrian arbitration community. In the past, he spoke on arbitration related issues and currently lectures on Austrian civil law in English at the University of Applied Science BFI Vienna.

Highlights of Thomas' work include the following:

  • Representation of a global energy major in an ICC arbitration against a Western European energy company regarding the amendment of a gas supply contract in Eastern Europe (accumulated amount in dispute EUR 316 million).

  • Representation of a global consumer goods retailer in an ICC arbitration against a Central European manufacturer regarding damages for breach of contract (amount in dispute EUR 5 million).

  • Representation of shareholders of a large Austrian industrial conglomerate before Austrian state courts against a global conglomerate in disputes relating to several share purchase agreements (amount in dispute EUR 700 million).

  • Representation of North American OEM supplier in VIAC proceedings against Central European integrator in the aerospace industry (USD 11 million).

  • Representation of Central European construction company in court proceedings on disbursement of performance and advance payment guarantees.

  • Representation of Central European beauty sector manufacturer in court proceedings against former commercial agent.

  • Acted as administrative secretary in ICC, VIAC and ad-hoc arbitration proceedings regarding disputes inter alia in the banking sector, the defence and telecommunications industry as well as international trade disputes.

Herbst & Zojer, Section "Außerstreitverfahren" in chapter "Schiedsfähigkeit", Konfliktlösung in Privatstiftungen, Verlag Österreich, p.167-191, 2019.

Zeiler & Herbst, featured article on “Parties’ Obligation to Confidentiality in International Commercial Arbitration: Fact or Fiction?”, American Bar Association, Just Resolutions Newsletter, May 2019.

Herbst & Schifferl & Zojer (lecturers), Austrian Civil Law, FH BFI Vienna, since 2018.

Herbst & Siwy, Schiedsverfahren in Kartellsachen, in Czernich/Deixler-Hübner/Schauer (Hrsg), Handbuch Schiedsrecht, 2018.

Herbst, The Vienna Repositioning Propositions. Made to Measure vs. Pret-à-Porter, in Austrian Yearbook on International Arbitration 2018 [with Sessler]

Herbst & Siwy, Q & A on Arbitration in Austria, The In-House Lawyer 2017.

Herbst & Zojer (Vortragende), „Streiten mit Dritten - die Beiziehung von Drittparteien ins Schiedsverfahren"; YAAP Roundtable, Café Museum, Wien (Österreich), 14. März 2017, 19:30 Uhr.

 

  • Attorney at law, zeiler.partners Rechtsanwälte GmbH, Vienna/Austria (since 2020)
  • Associate, zeiler.partners Rechtsanwälte GmbH, Vienna/Austria (since 2015)
  • Research Associate, Schönherr Rechtsanwälte GmbH, Vienna/Austria (2014)
  • Visiting associate, Duane Morris LLP, Corporate Law Practice Group, New York/USA (2014)
  • Clerkship, Vienna/Austria (2013)
  • Trainee, Burgstaller & Preyer, Vienna/Austria (2010-2011)
  • Trainee, RA Dr. Bürstmayr, Vienna/Austria (2009)
  • Austrian Bar Exam (with distinction), Vienna/Austria (2018)
  • University of Vienna, Vienna/Austria (Additional diploma in “Law of international relations“ 2014)
  • University of Vienna, Vienna/Austria (Mag.iur. 2012)
  • International Summer School – University of Vienna, Strobl/Austria (Certificate with distinction, 2009)

German (native), English (fluent), French (basic)