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FROM THE BLOG

Froriep Blog Posts for Topic Litigation

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Dr. Lucien W. Valloni

Lucien is a highly experienced litigator in both international and domestic criminal, commercial and arbitration cases in the Swiss courts, up to the Swiss Federal Supreme Court level. Lucien is well known for his expertise in the field of appealing arbitration awards to the Swiss Federal Supreme Court. Lucien assists damaged civil parties in criminal proceedings and he is active in relation to the enforcement of foreign judgements as well as in big complex cross boarder litigation including protection and recovery of funds, including enforcement of state debts. 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 been a partner at our Zurich office since 2005. He has represented domestic and international clients in numerous high-profile cases in various fields and courts up to the Swiss Federal Supreme Court. He advises clients on commercial, employment, entertainment and media, insurance, real estate, aviation and international enforcement matters. Lucien has published textbooks on litigation and sports law in Switzerland and lectures widely.He obtained his law degree from the University of Zurich in 1990 and gained a PhD from the Faculty of Law of the University of Zurich in 1998 with a thesis on the jurisdiction of courts at the place of performance of an obligation under the Lugano and Brussels Conventions. (He graduated with the distinction summa cum laude and the Professor Walther Hug-Preis Schweiz, awarded for outstanding theses graded with the highest possible mark by a Swiss law school.) He has worked as a law clerk at the District Court of Zurich, the Court of Appeal of the Canton of Zurich and at the Court of Cassation of the Canton of Zurich. His working languages are German, English, Italian and French.Lucien is a member of the Zurich Bar Association, the Swiss Bar Association and the Swiss Arbitration Association (ASA). He is, president of the Swiss Association of Football Players (SAFP) and president of the World Association of Icehockey Players’ Unions (WAIPU) as well as a Member of the Association Internationale des Avocats de Football (AIAF). He is a board member of FIFPro (Fédération Internationale des Associations de Footballeurs Professionnels) and FIFPro Division Europe, and member of the Employment Law Alliance, the Associazione Internazionale Giuristi di Lingua Italiana (AIGLI) and the Swiss-Italian Chamber of Commerce (Camera di Commercio Italiana per la Svizzera). Lucien is a lecturer at the Paris-Sorbonne University in Abu Dhabi.

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Davide Colacino

Davide has experience across all areas of dispute resolution, with particular expertise in arbitration and litigation. Davide joined Froriep as an associate in 2017. His practice focuses on arbitration, litigation and criminal law. Davide has acted as counsel and secretary of arbitral tribunal's in numerous institutional and ad hoc international arbitration involving particularly construction projects, joint ventures and sports related matters. He also regularly represents clients before Swiss courts in commercial disputes and criminal proceedings. Davide holds a degree in law from the University of Zurich and Maastricht University. He was a visiting doctoral research student at Queen Mary University of London (Centre for Commercial Law Studies) and is currently a Ph.D. candidate at the University of Lucerne. Prior to joining Froriep, he worked as a research and teaching assistant to Prof. Dr. Daniel Girsberger at the University of Lucerne, where he contributed to the complete overhaul of a leading textbook on international arbitration. Before he was admitted to the bar in 2014 he trained at a civil court of first instance and another major business law firm in Zurich. He is a member of several professional associations including the Swiss Arbitration Association (ASA) below 40, the Young Arbitrators Forum (YAF) of the International Chamber of Commerce (ICC), the Young International Council for Commercial Arbitration (Young ICCA), the Swiss Bar Association (SAV) and the Zurich Bar Association (ZAV). His working languages are German and English. He also has a good command of Italian.

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CAS decision overturned by the Swiss Federal Supreme Court

Posted by on 26 February 2018

Extraordinary victory for football player Ezequiel Matias Schelotto achieved. 

Dr. Lucien W. Valloni and Davide Colacino successfully represented the football player Ezeqiuel Matias Schelotto in a sports-related dispute against his former agent in relation to a transfer of the player to F.C. Internazionale Milan.

Topics: Arbitration , Litigation , Sports Law

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Oliver Arter

Oliver Arter’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 became of counsel in June 2009. His work involves representing and advising private clients on the structuring of assets (trusts, foundations, international business corporations), domestic and international estate planning, division of estates, execution of wills, matrimonial property rights, advance care directives and living wills, taking up residence 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 give lectures and chair conferences. Oliver Arter graduated with a law degree from the University of St Gallen in 1996 and was admitted to the Zurich Bar in 2000. His working languages are German, English and French. He is a member of the Zurich Bar Association, the Swiss Bar Association, the Society of Trust and Estate Practitioners (STEP), the International Tax Planning Association (ITPA), the Banking Law Association (“Bankenrechtliche Vereinigung e.V,”), the Swiss-Japanese Chamber of Commerce (SJCC) and the International Bar Association. Chambers Global, Chambers Europe, Chambers High Net Worth and Legal500 have ranked him for many years in a row as a leader in the field of private client.

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Daisy Vacher

Daisy Vacher'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 Vacher 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 has a good command of German, Spanish, French and Italian.

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

Posted by on 21 November 2017

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 Schellenberg joined our firm as an associate in 2009 and became a partner in 2016. She 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 matters. She is also a specialist in the fields of directors' and officers' liability law and national and international restructuring and insolvency law. After her studies at the University of Zurich, Sabina worked as a law clerk at the District Court of Zurich and was admitted to the bar in 2006. Prior to joining Froriep she was with the restructuring and insolvency department of a leading audit firm in Zurich and Basel. Sabina is a member of INSOL Europe, the International Bar Association, the Swiss SchKG Association and the Zurich Bar Association. Her working languages are German and English.

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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 23 February 2017

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 Arter’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 became of counsel in June 2009. His work involves representing and advising private clients on the structuring of assets (trusts, foundations, international business corporations), domestic and international estate planning, division of estates, execution of wills, matrimonial property rights, advance care directives and living wills, taking up residence 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 give lectures and chair conferences. Oliver Arter graduated with a law degree from the University of St Gallen in 1996 and was admitted to the Zurich Bar in 2000. His working languages are German, English and French. He is a member of the Zurich Bar Association, the Swiss Bar Association, the Society of Trust and Estate Practitioners (STEP), the International Tax Planning Association (ITPA), the Banking Law Association (“Bankenrechtliche Vereinigung e.V,”), the Swiss-Japanese Chamber of Commerce (SJCC) and the International Bar Association. Chambers Global, Chambers Europe, Chambers High Net Worth and Legal500 have ranked him for many years in a row as a leader in the field of private client.

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Daisy Vacher

Daisy Vacher'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 Vacher 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 has a good command of German, Spanish, French and Italian.

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Certificates of Inheritance – legal framework in Switzerland

Posted by on 31 January 2017

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 has up to 20 years' experience in international dispute resolution and Swiss commercial and white collar criminal law. Franz joined our law firm as a partner in 2015 and was previously a partner in a major US law firm. He has acted as counsel and arbitrator (also presiding arbitrator) in some 60 international arbitrations (both commercial and investor-State) and up to 50 court proceedings in Switzerland and other countries. He also has an active white-collar criminal law practice and regularly advises on cross-border transactions subject to Swiss law as well as in Swiss labor and employment matters. Franz is a Fellow of the Chartered Institute of Arbitrators (FCIArb) and a ranked individual in leading legal directories. Franz is both civil and common law trained and admitted to practise in Geneva, England & Wales, and New York. He holds a Doctor of Laws from the University of Zurich (Dr. iur., summa cum laude, Professor Walther Hug Prize, 2003); a Master of Laws from Georgetown University (LL.M., with distinction, Professor Heinrich Kronstein Scholar and Fellow of the Swiss National Science Foundation, 2001); and a License in Law from the University of Fribourg and Durham University in the UK (lic. iur., Erasmus Scholar, 1996). He is also an Alumnus of the International Leadership Program of Georgetown University Edmund A. Walsh School of Foreign Service (class of 2003), and has been a lecturer at University of Lucerne, University of Lausanne, Universidad del Pacífico in Peru, and Universidade Federal de Santa Catarina and UniCeub in Brazil, amongst others. Franz regularly publishes and gives panel presentations in his fields of work. He is listed on the panels of arbitrators of a number of arbitral institutions (ICC, SCAI, LCIA, WIPO, CIMA, AIAC, CAIC, CCL, CEAR-CBHE, etc.) and is a member of numerous professional associations (CIArb, ASA, CEA, LCIA, IAI, ALARB, OdAGE, SAV/FSA, NYBA, ABA, Law Society of England & Wales, etc.) as well as of a number of boards of academic institutions and law journals in Switzerland, Peru and the USA. Of both Swiss and Latin American origin, Franz works in English, Spanish, German, and French and is conversant in Italian and Portuguese.

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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 more than 70 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 mat-ters. 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 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 regularly publishes and speaks in the field of international arbitration. His working languages are French, English, Spanish and German. Jean 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 de Arbitraje (CEA), Deutsche Institution für Schiedsgerichtsbarkeit (DIS).

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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 resolu-tion, in 2014 in Band 1 of the Most in Demand Arbitrators in Spain. Jean-Marie obtained a PhD (with Award) 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 Arbi-tration and State Contracts). He is a regular speaker and publisher on arbitration and art law. His working languages are Spanish, French and English. He is member of ICC, LCIA, Milan Chamber of Arbitration Arbitrators Club; board member of Club Español de Arbitraje. He is former chairman of International Bar Association Art, Cultural Institutions and Heritage Law Committee.

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Switzerland – A favorable seat of arbitration for foreign antitrust claims

Posted by on 1 November 2016

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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