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FROM THE BLOG

Froriep Blog Posts for Topic Litigation

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Oliver Arter

Oliver’s practice focuses on private clients and their advisers (banks, family offices, foreign advisers) in all aspects of domestic and international wealth planning. He also specialises in banking, asset management and regulatory matters. Oliver joined Froriep as an associate in 2004 and became of counsel in June 2009. His work involves representing and advising private clients on the structuring of assets (trusts, foundations, international business corporations, international and domestic estate planning, matrimonial property rights and taxation). In addition he advises Swiss and international banks, asset managers, investment advisers and family offices on regulatory and contractual matters and represents them in proceedings. He publishes extensively in all his fields of practice. Oliver is an academic consultant with the Institute for Legal Theory and Legal Practice at the University of St Gallen, and is frequently invited to speak at or chair conferences.

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Daisy Vacher

Daisy's work focuses on matters of Swiss immigration and the procurement of work permits for companies wanting to employ foreign nationals in Switzerland. Before joining Froriep as an attorney, Daisy spent three years working for Fragomen Global Immigration Services in Zurich. Before that she was an associate attorney with Izaguirre Law in Colorado Springs, USA. In 2006 she completed her Bachelor of Arts at the University of Arizona followed by her Juris Doctor degree from the Sturm College of Law at the University of Denver in 2011. Later that same year she was admitted to the Colorado Bar. She is a native English speaker and speaks fluent Spanish. She also has a good command of French and Italian, and speaks intermediate-level German.

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Swiss Bank Accounts - Who has to bear the Damage resulting from Fraudulent Transactions of Hackers?

Posted by on Nov 21, 2017 2:45:00 PM

Who is liable for the damage if a hacker succeeds in initiating fraudulent transactions on a Swiss bank account?

According to a judgement of the Swiss Federal Court, it was the bank which ultimately had to bear the loss (Swiss Federal Court, decision of 5 December 2016, 4A_386/2016). However, do not be too sure that this will always be the case. In comparable cases, it could also be that the bank customer is left bearing the damage caused by an unauthorised person.

Topics: Private Clients , Banking & Finance , Litigation

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Sabina Schellenberg

Sabina is an experienced litigator and represents domestic and foreign companies and individuals in commercial disputes before state courts of all instances and in enforcement and legal assistance mat-ters. She is also a specialist in the fields of national and international restructuring and insolvency law. She joined our firm as an associate in 2009 and became a Partner in 2016.

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Stéphanie Oneyser

Stéphanie's practice focuses on civil litigation matters and insolvency law. She joined our firm as an associate in April 2014. After obtaining a Master of Laws degree from the University of Fribourg in 2009, she did her legal internships with a business law firm in Zurich and the District Court of Horgen. Until 2014, she worked as a law clerk at the District Court of Horgen and passed the Zurich Bar Exam in 2013. Stéphanie has also experience in arbitration cases. She has worked for Prof. Pierre Tercier who was chairman of many ICC arbitration proceedings. Moreover, she advices in arbitration proceedings in sport law under the CAS Rules. Her working languages are German, English and French.

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What lawyers do not learn at university and what managers should know

Posted by on Feb 23, 2017 2:45:00 PM

Lawyers know the law, managers know how to make business decisions. Often, managers complain about the typical lawyers' answer "it depends". On the other hand, lawyers may suffer from the fact that they are sometimes called in the last minute of a negotiation to review the legal aspects of a deal; or even worse: if their legal assessment on the project is feared ("no"), they may even be avoided. How can both positions be reconciled? This is where contractual risk management comes in handy.

Topics: Litigation

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Oliver Arter

Oliver’s practice focuses on private clients and their advisers (banks, family offices, foreign advisers) in all aspects of domestic and international wealth planning. He also specialises in banking, asset management and regulatory matters. Oliver joined Froriep as an associate in 2004 and became of counsel in June 2009. His work involves representing and advising private clients on the structuring of assets (trusts, foundations, international business corporations, international and domestic estate planning, matrimonial property rights and taxation). In addition he advises Swiss and international banks, asset managers, investment advisers and family offices on regulatory and contractual matters and represents them in proceedings. He publishes extensively in all his fields of practice. Oliver is an academic consultant with the Institute for Legal Theory and Legal Practice at the University of St Gallen, and is frequently invited to speak at or chair conferences.

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Daisy Vacher

Daisy's work focuses on matters of Swiss immigration and the procurement of work permits for companies wanting to employ foreign nationals in Switzerland. Before joining Froriep as an attorney, Daisy spent three years working for Fragomen Global Immigration Services in Zurich. Before that she was an associate attorney with Izaguirre Law in Colorado Springs, USA. In 2006 she completed her Bachelor of Arts at the University of Arizona followed by her Juris Doctor degree from the Sturm College of Law at the University of Denver in 2011. Later that same year she was admitted to the Colorado Bar. She is a native English speaker and speaks fluent Spanish. She also has a good command of French and Italian, and speaks intermediate-level German.

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Certificates of Inheritance – legal framework in Switzerland

Posted by on Jan 31, 2017 2:45:00 PM

According to a new leading case of the Federal Supreme Court, the recognition of a foreign certificate – in this case the certificate of inheritance established by the Egyptian court – should be refused in Switzerland when it is manifestly incompatible with Swiss public order, that is to say, when it runs against the fundamental principles of the Swiss legal order in an unacceptable way.

Topics: Private Clients , Tax , Litigation , Notarial Services

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Dr. Franz X. Stirnimann

Franz Stirnimann specializes in international arbitration, litigation, and Swiss commercial law. He has more than 15 years' experience in complex international dispute resolution and Swiss commercial legal transactions and has acted as counsel and arbitrator in over 70 international arbitration and court proceedings in Switzerland and other countries. He has a Ph.D. in Swiss and comparative antitrust law and regularly also provides advice on antitrust matters. Franz Stirnimann is of both Swiss and Latin American origin and trilingual in German, Spanish and English, fluent in French and conversant in Portuguese and Italian.

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Jean Marguerat

Jean has experience across all areas of dispute resolution, with particular expertise in international arbitration and in international litigation. Jean is one of the authors of the Commentary on the Swiss Rules of International Arbitration. Jean has been a Partner in our Geneva office since 2010. Jean’s practice focuses on international arbitration, litigation and contract law. Jean has experience as party counsel and as arbitrator in numerous institutional 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.

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Jeremy Bloomenthal

Jeremy is a foreign associate whose principal areas of practice are international commercial arbitration, corporate and contract law, and cross-border commercial transactions. He is a US qualified lawyer with several years of experience in the litigation department of a large New York law firm. He has also worked for more than six years with major international and Japanese law firms in Tokyo, Japan, where he acted on numerous cross-border commercial, technology, and M&A transactions, as well as international arbitrations. Jeremy has acted as counsel or tribunal secretary in international arbitrations conducted under the ICC and SCAI rules. He is admitted to practice in New York and Massachusetts, and is admitted as a solicitor in England & Wales. He holds an LL.M. in International Dispute Settlement (MIDS) from the University of Geneva and the Graduate Institute of International and Development Studies and a Juris Doctor from Boston University School of Law. He is a native speaker of English and also speaks Japanese.

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Dr. Jean-Marie Vulliemin

Jean-Marie is the managing partner of both Geneva and Madrid offices. With broad experience in international commercial arbitration, in particular with Spain and Latin America, he acts both as counsel and as arbitrator. He is very active in art and sports law, as well as in international estate law. Chambers Global has ranked Jean-Marie for many years as a leader in the field of dispute resolution, in 2014 in Band 1 of the Most in Demand Arbitrators in Spain. Jean-Marie obtained a PhD (with honours) from the University of Lausanne in 1988 (Jugement et sentence arbitrale) and a diploma from the Centre for Studies and Research in International Law and International Relations at the Hague Academy of International Law in 1987 (Transnational Arbitration and State Contracts). He is a regular speaker and publisher on arbitration, art law and sports law (for example at the ICC, the IBA, Alarb and the CEA). He is member of ICC, LCIA, Milan Chamber of Arbitration Arbitrators Club; board member of Club Español de Arbitraje. His working languages are Spanish, French and English.

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Switzerland – A favorable seat of arbitration for foreign antitrust claims

Posted by on Nov 1, 2016 4:02:00 PM

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.

Topics: Competition , Arbitration , Litigation

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Dr. Lucien W. Valloni

Lucien is a highly experienced litigator in both international and domestic commercial and arbitration cases in the Swiss courts, up to the Swiss Federal Supreme Court level. Lucien is also one of the best-known sports lawyers in Switzerland, with extensive experience in sports litigation on various bodies of sports organisations as well as in sports arbitration at the Court of Arbitration for Sport in Lausanne. Lucien has published textbooks on litigation and sports law in Switzerland and lectures Sports Law at the University of Zurich and at the Paris-Sorbonne University Abu Dhabi. Lucien has been a partner at our Zurich office since 2005. He has represented domestic and international clients in numerous high-profile cases in all fields and courts up to the Swiss Federal Supreme Court. He also advises clients on commercial, employment, entertainment and media, insurance, real estate, aviation and international enforcement matters, including the recovery and enforcement of state debts.

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Alessandro Solèr

Alessandro joined us in March 2016 as a trainee lawyer, after having worked with law firms in Frankfurt, Barcelona and London. He studied law and economics at the University of St Gallen, and his thesis focuses on international commercial arbitration. During his studies he worked in real estate and on social projects. He has not yet been admitted to the Bar. Alessandro's working languages are German and English and he has a good command of Spanish.

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CAS structure and procedure - it is now time for a change!

Posted by on May 25, 2016 9:33:36 AM

Although the benefits of the Court of Arbitration for Sport (CAS) are widely acknowledged, it faces a time of uncertainty. When the German Supreme Court (BGH) pronounces its decision in the Pechstein Case, the CAS's maintenance may come into question.

Topics: Arbitration , Litigation , Sports Law

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