Malaysia Airlines / ACL Advanced Cargo Logistics GmbH

Partner Markus Wirth and associates Melissa Magliana and Nicolas Herzog (all Litigation / Arbitration) successfully represented Malaysia Airlines in an ICC arbitration with seat in Geneva, Switzerland. ACL Advanced Cargo Logistic GmbH, a German cargo handling company, had in 2004 initiated arbitration against Malaysia Airlines claiming damages in the amount of EUR 62.7 million for breach of a cargo handling contract that obliged MAS to keep a cargo hub at Frankfurt-Hahn airport for a period of ten years. While the Arbitral Tribunal found MAS in breach of its obligation, it awarded ACL in its final award of May 26, 2009, damages of only EUR 5.5 million, i.e. less than a tenth of ACL’s original damages request.