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Jean Marguerat has experience across all areas of dispute resolution, with particular expertise in international arbitration and in international litigation. Jean Marguerat is one of the authors of the Commentary on the Swiss Rules of International Arbitration. Jean Marguerat has been a Partner in our Geneva office since 2010 and is the Office Managing Partner since January 2020. Jean Marguerat’s practice focuses on international arbitration, litigation and contract law. Jean Marguerat has experience as party counsel and as arbitrator in more than 80 institutional (ICC, SCAI, LCIA, VIAC, CAS, etc.) and ad hoc international arbitrations involving sale of goods and commodities, distribution and agency, construction, marine works, joint ventures, corporate transactions and sport related matters. He also regularly represents clients before the Swiss courts in all fields of commercial disputes and notably those in relation to arbitration (enforcement and challenge of arbitral awards). His activity includes recognition & enforcement proceedings (including attachments) and international legal assistance. Jean Marguerat studied at the Universities of Basel and Neuchâtel (lic. iur. 1996) and, after being admitted to the bar in Berne (1999), at the University of Cambridge (LL.M. 2000 - British Chevening Scholar). Joining our firm in 2003, he also worked in business law firms both in Barcelona (2000-2002) and London (2007-2008). Jean Marguerat regularly publishes and speaks in the field of inter-national arbitration. His working languages are French, English, Spanish and German. Jean Marguerat is a member of the following professional associations: Geneva and Swiss Bar Association, Swiss Arbitration Association (ASA), London Court of International Arbitration (LCIA), Club Español del Arbitraje (CEA), Deutsche Institution für Schiedsgerichtsbarkeit (DIS).
On 12 September 2020, the United Nations (UN) Convention on International Settlement Agreements Resulting from Mediation, also known as the Singapore Convention on Mediation (the Convention), entered into force.
The Convention entered into force six months after the deposit of the third instrument of ratification, done so by Qatar on 12 March 2020. To this date, six States are Parties to the Convention, namely Singapore, Fiji, Qatar, Saudi Arabia, Belarus and most recently Ecuador; already fifty three countries have signed it, including the United States, China and India.
FRORIEP's sports law team is glad that, as of 1 July 2020, the Court of Arbitration for Sport (CAS) has adopted Spanish as its third official language. In addition, the ICAS – CAS' governing body – has also updated some provisions of the Code of Sports-related Arbitration with regard to notifications, communications and electronic video-conferencing.
FRORIEP's arbitration team has recently published the Switzerland Chapter of the 2020 Global Arbitration Review's publication on Challenging and Enforcing Arbitration Awards. You have received an arbitral award and need to know the next steps to challenge or enforce it in Switzerland? This publication is your go-to kit to identify and understand the key issues in Switzerland pertaining to the challenge and enforcement of arbitral awards.
Switzerland is now among the top venues for antitrust claims to be resolved by arbitration. Are antitrust disputes arbitrable in Switzerland? Does the arbitration clause cover antitrust claims? Can a party seek punitive damages in a Swiss arbitration? Find the answers to these questions in the article.