Dr Bajar Scharaw LL.M.

Bajar focuses his practice on international dispute resolution matters, with a particular emphasis on investment arbitration, treaty protection and commercial arbitration.

He has represented both investors and states in investment arbitrations under the ICSID Convention, the Energy Charter Treaty and bilateral investment treaties. Bajar also represents clients in international commercial arbitrations. His recent work includes a wide range of international disputes, including arbitral proceedings under the ICSID, ICC, LCIA, SCC, HKIAC, SCAI and CIETAC Rules.

Bajar is an Adjunct Lecturer at the University of Mannheim, where he teaches world trade and international investment law.

Bajar’s experience includes representing and advising:

• a European government in a multi-billion dollar investor-State arbitration under the ICSID Convention and the Energy Charter Treaty
• several European investors in a multi-million dollar investor-State arbitration against a Southern European state under the ICSID Convention and the Energy Charter Treaty
• a European investor in a multi-million dollar investor-State dispute with an African country in the public infrastructure sector
• a Central Asian government in arbitral award enforcement proceedings in several jurisdictions
• a US company in a multi-million dollar post M&A arbitration under the ICC Rules in the public health sector
• a German manufacturer in a multi-million dollar construction arbitration under the ICC Rules

Publications

Sovereign Immunity in Germany. In: Getting the Deal Through, 2018/2019/2020/2021.

Arbitration and Money Laundering. In: ICC Germany-Magazine, 10/2020.

What are Moot Courts for?. In: NJW-Aktuell, Volume 44, 2019.

The (Provisional) End of Debates on Narrow Dispute Settlement Clauses in PRC First-Generation BITs? – China Heilongjiang et al. v. Mongolia. In: Arbitration International (Oxford University Press), Volume 34, Issue 2, 2018, pp. 293-306.

The Protection of Foreign Investments in Mongolia: Treaties, Domestic Law, and Contracts on Investments in International Comparison and Arbitral Practice. In: European Yearbook of International Economic Law Monographs (Springer, 2017) 358 pages.

Agreement between Canada and Mongolia for the Promotion and Protection of Investments – a Glance at Its Nature, Significance and Features. In: Mongolia Focus – The University of British Colombia, 2017.

Commission Proposal for a Directive on Antitrust Damages and Recommendation on Principles for Collective Redress – the Road towards Private Antitrust Enforcement in the European Union? In: European Competition Law Review, Volume 35, Issue 7, 2014, pp. 352-360.

Memberships

International Law Association (ILA), European Society of International Law (ESIL), German Association of International Law, German-Australian-Pacific-Lawyers Association.

The Mongolian Chamber of Commerce and Industry has appointed him as an arbitrator to the panel of arbitrators at the Mongolian International Arbitration Centre (MIAC).

Background

Bajar holds a PhD (Dr. iur.) in investment arbitration and treaty protection (summa cum laude). He obtained university degrees in law and political science in Germany. Bajar also obtained an LL.M. from the University of Queensland in Australia, where he focused his studies on international economic law and arbitration, obtained an award for outstanding academic excellence, and was added to the Dean's Honor Roll. He qualified to practice law in 2012 and is admitted to the bar in Germany (Rechtsanwalt). Bajar was a research fellow at a German university chair for public international law, international human rights, and EU law. Prior to joining Herbert Smith Freehills, he worked in another international law firm in Frankfurt in the field of international investment law and arbitration.

Bajar regularly speaks and publishes on topics related to international arbitration, international investment law, public international law, and EU law (including with Oxford University Press). He gave lectures on these topics at the Universities of Mannheim, Heidelberg, Saarbrücken (all Germany), Glasgow (UK), Kazguu (Kazakhstan) and Ulaanbaatar (Mongolia).