“One of the foremost Scandinavian experts on arbitration law.”
  • Master of Laws, University of Copenhagen
  • Qualified Lawyers Transfer Scheme

He specialises in contract law, i.e. the formation, construction/interpretation, adaption, performance, termination and breach of contract, including the principles for calculation and determination of damages, with a wide application with regard to industries and sectors and in both a common law and a civil law context.

  • England and Wales
  • Denmark
  • Member of Arbitration Chambers            (2017 – present) 
  • Member of Copenhagen Chambers        (2015 – 2017) 
  • Equity partner, various Danish law firm   (1996 – 2014) 
  • Associate, various Danish law firms        (1985 – 1995) 

Mr Schiersing has been appointed as arbitrator, often presiding arbitrator/chairman, as well as emergency arbitrator by e.g. the International Chamber of Commerce (ICC), the London Court of International Arbitration (LCIA), the Singapore International Arbitration Centre (SIAC), the Hong Kong International Arbitration Centre (HKIAC), the Stockholm Chamber of Commerce (SCC), the DIFC-LCIA Arbitration Centre (DIFC-LCIA), the Dubai International Arbitration Centre (DIAC), the Korean Commercial Arbitration Board (KCAB), the Arbitration Foundation of Southern Africa (AFSA), the Finland Arbitration Institute (FAI), The Court of Arbitration at the Polish Chamber of Commerce in Warsaw (Sakig/PCC) and the Danish Institute of Arbitration (DIA). Also, he is sitting arbitrator in various ad hoc arbitrations including under the UNCITRAL Arbitration Rules and he is one of the leading Scandinavian authorities on the UNCITRAL Arbitration Rules. He furthermore has experience in acting as umpire or as arbitrator in arbitral tribunals with an umpire structure.

Niels Schiersing serves as arbitrator in domestic and international commercial arbitrations, including

  • construction, engineering and infrastructure (onshore and offshore)
  • energy and resources (oil, gas, coal, hydropower and windpower)
  • commercial chancery (post M&A, shareholders, partnership, JV, JOA and PPP)
  • banking and finance
  • reinsurance and insurance  
  • sale of commodities, technical equipment and other goods
  • licensing, distribution and agency
  • shipbuilding

Mr Schiersing further accepts select appointments as mediator in commercial disputes where his command of international legal principles and understanding of different legal cultures can be of service to the parties.

In investment disputes, Mr Schiersing has served as arbitrator appointed by the host state and counsel to host states and investors.

Who’s Who Legal (Arbitration 2019) states: Niels Schiersing is a stand-out name in global dispute resolution who is widely endorsed as "an excellent arbitrator". He excels in complex contractual matters in commercial and investment arbitrations.

Prior to becoming a full-time arbitrator, he has acted as counsel in approx. 150 arbitrations, including a broad variety of commercial, commercial chancery and construction arbitrations as well as investment arbitration.

Mr Schiersing has been instructed as counsel or appointed as arbitrator in matters involving the laws of e.g. England & Wales, United States (New York, Delaware and California), Singapore, China (PRC), Hong Kong SAR, Korea, India, Indonesia, United Arab Emirates, Qatar, Egypt, South Africa, The Russian Federation, France, Germany, Denmark, Sweden, Norway, Finland, Iceland, Italy, Switzerland, Austria, The Netherlands, Poland, Estonia, Lithuania, Bulgaria and Cyprus.

He is a Fellow of the Chartered Institute of Arbitrators in London (FCIArb) and a Chartered Arbitrator (C. Arb). Also, Mr Schiersing is a Supporting Member of the London Maritime Arbitrators Association (LMAA). He is on several panels of arbitrators across the continents.

 

Niels Schiersing also undertakes scholarly work. In 2013, he published the first and only book in Scandinavia on legal issues relating to reinsurance and he is one of the leading Scandinavian authorities within this area of law. In 2016, he published the first and only commentary on the Danish Arbitration Act of 2005 (which in turn is based on the UNCITRAL Model Law of 1985). The commentary contains a comprehensive analysis of the sections of the act and refers extensively to not least Danish, Swedish, Norwegian and English case law and serves as a Scandinavian commentary on the model law. He is one of the leading authorities on comparative Scandinavian arbitration law.

In June 2020, Mr Schiersing published Earn-Out Disputes which is the first volume of a larger treatise on substantive and procedural issues relating to post-M&A disputes. The book is the first of its kind.

Furthermore, Mr Schiersing has published a substantial number of articles on arbitration law, insurance & reinsurance law, energy law, international construction law, general contract law, investment protection and tax law.

Niels Schiersing is a former lecturer at the University of Copenhagen on several legal subjects and regularly speaks on topics within his areas of competence.

Books:

  • Earn-Out Disputes – Post-M&A Disputes Vol. 1 (2020) (available here)
  • The Danish Arbitration Act – A Commentary (2016) 
  • Reinsurance – Selected Legal Topics (2013) 

Articles (selected):

  • On W&I-Insurance (2020 – forthcoming)
  • On State Aid and Arbitration Agreements (2020 – forthcoming)
  • On the Construction of Offshore Windfarms – Legal Issues (2020 – forthcoming)
  • On Presiding Arbitrator, Umpire and Referee – What’s in a Name (2018) 
  • On Construction Contracts under English law, part 1 (2016) 
  • On the IBA Guidelines on Conflicts of Interest in Recent Court Decisions (2016) 
  • On Mock-Trials (2015) 
  • On Arbitration in England (2015) 
  • On Price and Volume Risk in Long Term Energy Contracts (2014) 
  • On Reinsurance and the Pro-Rata Rule (2013) 
  • On "Validity" and "Existence" of an Arbitration Agreement (2011) 
  • On the Advance of Cost in Arbitration (2011) 
  • On "Full" Versus "Reasonable" Possibility to Present your Case in Arbitration (2011)
  • On Interim Measures in Arbitration – Time for Revising the Rules (2010) 
  • On the Concept of "Investment" in the Danish Bilateral Investment Treaties (2010)
  • On the Legal Protection of Investments in Foreign Countries (2009)

 

  • Advokat (Denmark)
  • Solicitor (England & Wales)
  • Fellow, Chartered Institute of Arbitrators and Chartered Arbitrator
  • English
  • German
  • Danish
  • Swedish
  • Norwegian
  • French (reading and oral)
  • Basic Russian
  • Basic Turkish

Danish

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SM
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