We successfully represented the buyer of two sizeable shipments of anthracite coal in Swiss arbitration proceedings under CISG. The arbitrator upheld the claim in full. The arbitral award was challenged before the Swiss Federal Supreme Court; the appeal was unsuccessful (4A_235/2025).
Trade & Distribution
We routinely deal with trade and distribution matters for commodity traders, manufacturers, distributors and retailers.
Commodity trading and supply chain management involve multiple interdependent relationships, each one with distinct legal and commercial risks. We often advise companies, traders, banks and carriers at the outset to carve the most favourable solutions and mitigate dispute risks. Our expertise relates in particular as to commodity sale contracts (for example on various GAFTA or FOSFA forms), letters of credit, and associated carriage and shipping documents such as bills of lading. We are also involved in matters relating to sanctions, whether contractual or enforcement-related.
Our experienced lawyers also support national and international distributors and retailers with various aspects of their business, from sourcing to supplying products to customers. We provide advice in relation to corporate, commercial, employment, data protection, export control, unfair competition and competition law.
Our trade services at a glance include:
- Contract review and negotiation
- Sanctions mitigation and implementation
- Export control and dual-use product export applications
- Litigation/arbitration in the event of disputes
- Representation in proceedings before the Federal Office for Customs and Border Security
- Enforcement of foreign judgments or arbitration awards
- Debt enforcement proceedings
Coverage dispute under an ICPL policy (insured: insurer)
General Terms
Advice to a Swiss e-commerce player on general terms of sale, terms of use and privacy policy
Standard license terms
Advised a jewelry designer in the drafting of standard licensing terms
Legal structure creation
Set-up legal entity for a North-South trade empowerment NGO
Transparency Consultation Request on Business Secrets
Represented an e-commerce player in resisting requests pertaining to business secrets under the Freedom of Information Act
C-Level Dismissal
Advised commodity trader in the dismissal of senior executive and in resisting claims of abusive termination, severance pay and sick-leave
Incentive Plan
Advised a security technology provider in setting up and deploying an incentive plan for senior and mid-level managers
Privacy policy for an app
Drafting a data privacy statement for a Swiss technology company for their app in the app store.
Internal Compliance Programme (ICP)
Preparation of an Internal Compliance Programme (in particular with regard to export controls, sanctions and money laundering) for a Swiss exporter.
Art Finance
Acted as Swiss legal counsel to a global bank in context with the refinancing of various artwork portfolios.
Online sales of travel packages
Advised an airline on the regulatory requirements for the online sales of travel packages.
Data Transfer Abroad
We advised an international company on the transfer of employment data abroad.
Termination Agreement Top Management
We advised a member of the senior management of an international company with regard to the termination of their employment relationship.
Arbitration between trading company and producer
In an arbitration under the ICC Rules in Paris we represented a South-East Asian producer against a Swiss trading company.
Sole Arbitrator in a coverage dispute
Lars Gerspacher acted as Sole Arbitrator in ad-hoc arbitration proceedings. The matter concerned a coverage dispute in relation to the sale of corrugated iron sheets.
Sole Arbitrator in a matter regarding the supply of fans
Lars Gerspacher acted as Sole Arbitrator in arbitration proceedings under the Swiss Rules. The case related to the sale of fans for a gas cleaning system under the Vienna Convention for the International Sale of Goods.
Presentation10.09.2025
Internationale Entwicklungen im Transportrecht
"Bin ich versichert?" - Das versicherbare Interesse nach neuem VVG
Publication01.08.2025
Recurso de sentenças arbitrais perante o Tribunal Federal Suíço: aspetos processuais selecionados
Revista Internacional de Arbitragem e Conciliação, Associação Portuguesa de Arbitragem, Vol. XXIII, 2025, p. 91-117
Presentation12.09.2023
Internationale Entwicklungen im Transportrecht
Verpackungsfragen im Schweizer Transportrecht