Dr. Matthias Spilker, LL.M.

I am focusing on international commercial disputes (both litigation and arbitration) and complex commercial contracts. I offer specialist advice to our clients in the Automotive & Mobility as well as Energy sectors, and I am an expert for supply chain disputes. I am co-head of Bird & Bird's international Automotive & Mobility Group, and I am a partner both in our Dispute Resolution Group and Commercial Group. Furthermore, I am co-head of the German ESG Group.

Advising national and international clients on commercial law matters in the supply chain, my practice offers expertise in product liability cases (in particular serial damage cases) and complex warranty cases, as well as advice on and negotiating complex commercial contracts and standard agreements.
My focus is on clients from the Automotive & Mobility sector, including suppliers and insurance companies, and I advise them on field actions, recalls, price negotiations, delivery stops and termination of (long-term) supply contracts, as well as on contract law and risk management.

In the Energy sector, I predominantly support clients in large-volume liability cases (also primarily serial claims) and I also advise companies in other industries on distribution law and product liability issues (in particular recalls).

As co-head of our German ESG-team, beyond product liability, I advise clients on supply chain compliance (CSDDD, LkSG) and product compliance and the associated regulatory requirements, covering the entire life cycle of products (such as electronics, batteries, vehicles of any kind).

I often give presentations on automotive supply matters, liability issues, standard terms and product safety and product compliance, and have written several publications on international arbitration law and commercial and corporate law, which have been published in Germany, the US, Italy and China. I am a member of the Frankfurt/Main bar and of the German group of the French Henri Capitant Association.

• Advising and representing a major German supplier group at court in a series warranty case against an OEM (amount in dispute >EUR 350m).
• Advising an international supplier group in a product liability case against an OEM (amount in dispute >EUR 300m).
• Advising large international supplier to the wind energy industry (offshore and onshore) in a three-digit million-euro dispute case (>EUR 450m).
• Advising and representing a major German industrial insurer at court, fending off claims of a OEM against a policy holder in a product liability case (amount in dispute >EUR 100m, "Landmark Case").
• Advising a transmission system operator in a serial damage case with a two-digit million-euro amount in dispute (>EUR 20m).
• Advising one of the largest European supplier group on the preparation and implementation of a delivery stop to enforce price increases due to production cost increases and inflation (case involved 6 jurisdictions).
• Advising a Tier-1 automotive supplier, fending off claims if an OEM in a product liability case resulting from various recalls (amount in dispute >EUR 150m).
• Permanently advising a well-known Tier-1 supplier vis-à-vis Tier-2 suppliers, OEMs, and tool manufacturers on all questions regarding liability law, contract law and insolvency law; redrafting of all purchasing contracts and tool contracts for this supplier.
• Advising and representing a Tier-1-supplier at court in a series warranty case against a German OEM (>EUR 50m EUR).
• Successful defence against a delivery stop declared against a German supplier group by means of a preliminary injunction, including delivery and enforcement of the preliminary injunction in Eastern Europe.