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28 November 2025
In post-M&A arbitration proceedings (DIS) pending since 2023, Hengeler Mueller successfully represented BASF SE, a leading global chemical company, against claims for damages brought by the buyer. The buyer had initially asserted claims amounting to approximately EUR 168 million on the basis of various alleged breaches of contract.
A Hengeler Mueller team led by Carsten van de Sande and Johanna Wirth working together with a BASF team led by Dr. Christian Folter (Head of Legal Business) and Christoph Tjiang (Corporate M&A) obtained a complete dismissal of the claims.
After an extensive oral hearing, in which ten witnesses and 18 experts were examined on the negotiation and execution of the purchase agreement as well as on technical and valuation issues, the arbitral tribunal rejected all of the breaches of contract alleged by the buyer.
In an award issued at the beginning of February, the arbitral tribunal dismissed the claims in their entirety as unfounded and awarded BASF SE compensation for the costs of the proceedings.
Hengeler Mueller team for BASF
Dispute Resolution/International Arbitration: Carsten van de Sande (Frankfurt), Johanna Wirth (both partner, both lead), Yasemin Jüngling (counsel, both Berlin), Svitlana Gapalo, Gerlind Wolf (both Munich), Robert Schimmelpfennig (Frankfurt, all senior associate), Kathrin Hüttmann (Frankfurt), Maximilian Offinger (Berlin), Megan Schrader (Frankfurt, all associate),
Public Law: Prof. Dirk Uwer (partner), Manuel Joseph (associate, both Düsseldorf).
