Litigation and Arbitration
Our Litigation team has a wealth of experience and expertise in litigation and arbitration across the full spectrum of civil and commercial law matters. We have particular expertise in insolvency, corporate and real estate law as well as employment, inheritance and art law issues. We set up our teams according to the needs of clients, combining dispute resolution know-how with industry practice to achieve top-quality results for our clients.
Our work includes advising and representing Swiss and foreign companies, individuals and government agencies in a range of contentious matters before Swiss courts and administrative authorities and national and international arbitration tribunals. We are happy to assist with enforcement matters, mutual assistance procedures and interim relief proceedings. Several of our specialists also serve as part-time judges for national courts and as arbitrators. This ensures that our lawyers keep abreast of court decisions and practice.
Proactive, solution-oriented approach
We take a proactive approach to safeguarding the interests of our clients, focusing on specific solutions. At every stage in the process, we are committed to finding ways to resolve disputes amicably in a time and cost-effective manner.
Recognition and Enforcement of Foreign Arbitral Awards in Swiss Insolvency Proceedings – lessons learnt from the decisions of the Swiss Federal Supreme Court in the Swissair case (in German)
Summary of the article in the ASA Bulletin, Volume 36, No. 4, 2018: When can a foreign arbitral award be enforced in Swiss insolvency proceedings against the insolvent defendant? This question arises because according to the pro-visions of the NYC, enforcement may be refused if the subject matter of the dispute is non-arbitrable. The arbitrability of insolvency-related claims is contentious under Swiss law and actions to contest a schedule of claims are portrayed as being non-arbitrable. In the Swissair case, the Supreme Court has now rendered various deci-sions dealing with the significance of foreign civil judgements for the assessment of claims and related schedules of claims proceedings in Swiss insolvency proceedings. The principles thereby developed can be applied to arbitration and lead to the identification of four different scenarios. These scenarios are discussed in the article.
Newsletter 3/17: Some reflections on negotiation strategies and dispute settlement
Resolving conflicts is expensive. At the outset, clients incur costs internally due to staff and managers spending time and energy on documenting and resolving disputes. Later on, expenses may arise in the form of attorney’s fees and court costs.
Commentary on Article 17 of the Swiss Civil Procedure Code (in German)
In: Kommentar zur Schweizerischen Zivilprozessordnung, Sutter-Somm Thomas / Hasenböhler Franz / Leuenberger Christoph (eds.), 3rd edition, Zurich 2016 (together with Dr. Martin Hedinger)
Commentary on Articles 271-273 of the Swiss Civil Procedure Code (in German)
In: Kommentar zur Schweizerischen Zivilprozessordnung, Sutter-Somm Thomas / Hasenböhler Franz / Leuenberger Christoph (eds.), 3rd edition, Zurich 2016 (together with Professor Thomas Sutter-Somm)