Litigation

As seasoned litigators with in-depth knowledge in our specialist areas, we have the necessary skill and experience to successfully assist you in litigating all types of disputes.

We represent national and international companies and individuals, in all courts in Switzerland. We have particular expertise litigating coverage, defence and subrogation proceedings for our insurance clients. In addition, we are often involved in assisting with the enforcement of foreign judgments in Switzerland, as well as in implementing interim measures in support of foreign proceedings, including the attachment of assets.

We also represent our clients in all types of administrative procedures in Switzerland, for example in order to obtain state authorisation/approval, or in connection with alleged liability to the state. We have particular experience in defending unjustified customs duties or VAT claims, as well as defending subrogation claims by social insurers. We are also able to act in all administrative penal or criminal proceedings, whether on behalf of the claimant or the defendant.

In cross-border disputes, we are able to effectively liaise with our network of foreign lawyers/correspondents in order to ensure that all necessary measures are taken promptly.

Reinsurance dispute

Representing an international reinsurance company in a dispute with a foreign life insurer (financial reinsurance)

Clemens von Zedtwitz

Product liability/importer of orthopaedic joint replacements

Representing an importer of orthopaedic joint replacements in defense of liability claims in state court proceedings

Clemens von Zedtwitz

Professional liability of a medical doctor

Representing the medical doctor in the defense against recourse claims of a social health insurer

Clemens von Zedtwitz

Recourse for a transport insurer

Execution of several recourse claims for transport damages for an internationally active transport insurer.

Nando Stauffer von May

Freight, Demurrage & Detention

Supporting one of the largest shipping companies in the assertion of claims for freight, demurrage & detention in Switzerland.

Nando Stauffer von May

Ski accidents

On behalf of two liability insurers, we have settled claims of injured parties and social insurers arising from skiing accidents in and out of court.

Nando Stauffer von May

Lawyer’s professional liability

Defending a lawyer against a professional liability claim brought by a former client in state court proceedings.

Clemens von Zedtwitz

Cargo insurance

Advising cargo insurers in a coverage dispute arising from alleged water contamination of the insured bulk cargo fuel oil.

Lars Gerspacher

Third party product liability insurance with US and UK exposure

Representing insurers in a coverage dispute against the manufacturer of chemical products being sold in the US and the UK.

Lars Gerspacher

Event cancellation insurance and COVID-19

Representing the insurer against the policyholder in a coverage dispute arising from cancelled fairs.

Lars Gerspacher

D&O, FIPI and Crime Insurance dispute

Acting as coverage counsel for insurers in various insurance matters against private banks arising from the alleged payments of retrocessions.

Lars Gerspacher

Business interruption damages arising from COVID-19

Defending the Swiss branch of a foreign insurer in a state court proceeding against a coverage claim brought by a company active in the food-sector.

Clemens von Zedtwitz

Business interruption damages arising from COVID-19

Defending a Swiss property insurer in a state court proceeding against a coverage claim brought by a hotel owner.

Clemens von Zedtwitz

Master international liability insurance policy

Advising insurers against its insured, a designer and manufacturer of pumps, in connection with various liability disputes in the US.

Lars Gerspacher

D&O Insurance coverage matter

Acting for the D&O insurer against its policyholder in a coverage dispute arising from the alleged wrongful investing of the company’s assets.

Lars Gerspacher

Business interruption insurance arising from COVID-19

Defending the interests of a property insurer before the Commercial Court of the Canton of Zurich against hotel owners trying to challenge the pandemic exclusion clauses.

Lars Gerspacher

Insurance carrier professional liability insurance

Representing a Swiss insurer in a large professional liability insurance matter arising from alleged bad faith conduct in the US against one of its insureds.

Lars Gerspacher

Nando Stauffer von May

Business interruption damages arising from COVID-19

Defending a Swiss property insurer in a state court proceeding against a coverage claim brought by a nursery home.

Clemens von Zedtwitz

Expert opinion on applicable passenger protection regulations in Switzerland

Issued an expert opinion in foreign court proceedings issued by an airline attempting to recover the compensation paid to passengers as a result of its aircraft having been damaged on the ground.

Laurent Chassot

Passenger Claims

Handling passenger claims for an airline client (flight cancellation in the Covid 19 context).

Laurent Chassot

Yolande Lagrange

Expert Opinion on sovereign immunity of airports as a result of international air law

Issued an expert opinion in court proceedings regarding the seizure of airport and air navigation service charges collected by IATA on behalf of a state.

Laurent Chassot

Aircraft Attachment

Attachment of two corporate aircraft to secure claims arising out of a commercial dispute.

Laurent Chassot

Yolande Lagrange

Aircraft Insurance Claim

Advice to an aviation insurer on denial of coverage due to illegal aircraft operation.

Laurent Chassot

Riccardo Maisano

Reinsurance dispute / COVID-19

Advising and representing a Swiss reinsurance company on coverage and loss aggregation issues related to COVID-19

Clemens von Zedtwitz

Business interruption insurance / COVID-19

Representation of a Swiss insurance company in coverage dispute regarding business interruption losses in connection with COVID-19

Clemens von Zedtwitz

International administrative assistance

We advised an international holding company on how to oppose information requests in an international administrative assistance procedure.

Marco Novoselac

Roger Thalmann

Mareva injunction

We advised an international family office on how to defend against a mareva injunction.

Marco Novoselac

Roger Thalmann

Alleged theft

We represented a cargo insurer in a coverage dispute which went up to the Supreme Court of Switzerland (case no. 4A_659/2016). This case involved issues regarding the statute of limitations and the missing proof of the insured event.

Lars Gerspacher

Nando Stauffer von May

Publication01.01.2023

The Use of Interim Measures in International Commercial Arbitration under Swiss and French Law

Alexandre Mazuranic, Christian Iovene, Tania Iakovenko

Christian Iovene

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Publication01.02.2021

Bundesgericht dämmt überbordende Anwendung des Auskunftsrechts ein

Kommentar der Entscheide des Bundesgerichts vom 18. November 2020 (4A_277/2020) und vom 10. Dezember 2020 (4A_125/2020) für datenschutzguide.ch

Nando Stauffer von May

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Publication01.02.2020

Advantages and Benefits of the Revised Swiss Rules of Mediation 2019 – in Light and in Line with the Singapore Convention

Christian Iovene, Caroline Ming, - ASA Bulletin Volume 38, Issue 2 (2020) pp. 282 – 295

Christian Iovene

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