Simone Burlet elected as delegate of the Swiss Bar Association
On the occasion of the general meeting 2020 of the Zurich Bar Association (ZAV) Simone Burlet was elected as the ZAV's delegate of the Swiss Bar Association.
On the occasion of the general meeting 2020 of the Zurich Bar Association (ZAV) Simone Burlet was elected as the ZAV's delegate of the Swiss Bar Association.
Andrea Roth has been appointed as the new DIS40 Co-Regional Coordinator for Zurich together with Lukas Rusch (Pestalozzi Attorneys at Law Ltd.) as from 2021. The DIS40 is a forum established by the German Arbitration Institute (DIS) for the exchange of experiences among young arbitrators.
Giovanna Montanaro moderated the panel on "Multimodal transport: technical and legal issues in worldwide port to port and door to door shipments" at the IBA 2020 Virtually Together Conference. The top-class panel consisted of Harmen Hoek (Hoek Ten Katen, Rotterdam, Netherlands), Mokesioluwa Seun-Adedamola (Lagos Channel Management Limited, Lagos, Nigeria), and Iryna Telychko (Etihad Rail, Abu Dabi, UAE), who gave an overview of the legal framework, challenges in Africa, and the development of the rail network in the Middle East.
As of the end of September, we have incorporated our firm into a corporation under Swiss law (Aktiengesellschaft), thereby adapating a more adequate legal form for rendering our legal services.
We look forward to building on our strength in the fields of dispute resolution, corporate law and transport and insurance law.
Advertisement for lawyers is subject to certain restrictions in Switzerland. In the current Anwaltsrevue Franco Strub and Andrea Caroni, member of the Council of States, review these restrictions from an economic and legal point of view. The result of their analysis shows why these restrictions should be abandoned (Anwaltsrevue 10/20, p. 414 et seqq.).
Under Swiss law, lawyer's fees that are contingent upon the success of a legal matter are only permitted within narrow limits. In his article published in Anwaltsrevue 5/20, Franco Strub examines this restriction of the freedom of contract from a law and economics perspective. The result of his analysis questions the existing regulation of the contingency fee and shows the necessity of a renewed legislative debate on the subject (Anwaltsrevue 5/20, p. 211 ff.).
Giovanna Montanaro spoke on the topic "Force Majeure – where are the risks for the shipper?" on the Swiss Shippers' Forum on 29 January 2020 in Interlaken.
Giovanna Montanaro has been recognized for the 3rd consecutive year as Thought Leader in Transport by Who's Who Legal Switzerland (2018, 2019 and 2020).
Peter Reichart has been recognized as Thought Leader in Litigation by Who's Who Legal Switzerland.
Peter Hafner has been recommended by Who's Who Legal as Global Leader and National Leader Switzerland in Litigation.
Wartmann Merker has been ranked for the 7th consecutive year as one of the most highly regarded Swiss law firms for Dispute Resolution in Chambers Global 2020.
Chambers Global 2020 commends Wartmann Merker as: "Noted dispute resolution boutique, widely admired for its litigation prowess. Particularly popular with domestic and international banks. Advises clients on contractual and licensing disputes as well as commercial arbitration cases. Acts on both ad hoc and ICC arbitration tribunals. Also assists clients with construction litigation, patent disputes and malpractice claims. Has several clients from the pharmaceutical industry." In particular, "Clients appreciate the firm's promt, pragmatic, clear and precise approach and eloquent and elegant writing style." Clients also highlight the firm's "very concise communication and explanation of the proceedings."
In addition, Peter Reichart, Peter Hafner and Andrea Meier were recognized individually for their litigation and arbitration expertise.
We thank our clients and peers for their positive feedback, which made these rankings possible.
Peter Reichart spoke at the 10th Zurich conference on responsibility in corporate law on 11 February 2020 of the Europa Institute at the University of Zurich on the topic "Causality, a new obstacle in corporate liability proceedings?".
Who's Who Legal (WWL) has recently published the global guide WWL: Litigation 2019.
WWL says: "Peter Hafner is a first-rate commercial litigator whose practice runs the gamut of contentious proceedings, from banking to construction disputes."
Peter Reichart examines the current developments regarding cybercrime in connection with money transfers. Inter alia, he discusses the recent case law of the Federal Tribunal on the burden of proof in cases of fraudulent money transfers, and the challenges in the area online banking (SZW/RSDA 4/2019, p. 392-404).
On 30 August 2019, Peter Reichart participated as a panelist in the Swiss Conference on Civil Procedure Law of the Institute for Private International Law and Procedural Law (CIVPRO). He discussed opportunities and risks in commercial court proceedings, in particular in connection with issues of jurisdiction.
Reto Strittmatter was re-elected by the Higher Court of the Canton of Zurich as a member of the Bar Examination Board of the Canton of Zurich (BEB) for a further period of six years. The BEB examines the candidates admitted to the Bar Exam. Reto Strittmatter has been a member to the BEB since 2009 and regularly holds examinations on civil law and civil procedure law.
Based on a peer-to-peer survey by the business journal Handelsblatt for the 11th Best-Lawyers-Ranking in Germany, Austria and Switzerland, the best lawyers in their field of law as well as lawyers and law firms of the year were determined.
Wartmann Merker is proud of the ranking achieved by Peter Reichart in the areas of dispute resolution, arbitration and corporate law and the ranking of Peter Hafner in the areas of dispute resolution, arbitration, white-collar crime and insolvency/restructuring. Peter Reichart has also been named Lawyer of the Year for dispute resolution: www.handelsblatt.com/bestlawyersswiss.
Gerarda Coppola spoke on the topic "European General Data Protection Regulation (GDPR) – What has to be done?" at the training course of 2 April 2019 organized by SPEDLOGSWISS.
Andrea Meier has been elected by the Board of the Swiss Arbitration Association (ASA) as a member of its Executive Committee. ASA has the purpose to promote arbitration in Switzerland and abroad, and has over 1200 members. The members of the Executive Committee oversee ASA's work in numerous areas, and each have specific responsibilities for designated activity areas. Before joining the Executive Committee, Andrea Meier was already a Board member of ASA and involved in various ASA Board projects, including the organization of this year's Arbitration Conference on Arbitration and Corruption, the ASA Observations on the Chapter 12 Revision, and the ASA Toolbox. Learn more about ASA here.
Alexander Wintsch, our partner for many years, will be joining the Litigation Team of a major Swiss Bank. We wish him every success and warmly thank him for his invaluable contribution towards establishing Wartmann Merker as a top dispute resolution law firm in Switzerland.
Giovanna Montanaro was nominated by her peers as one of the world's leading practitioner in the field of Aviation (Who's Who Legal; Aviation 2019). All listings of Wartmann Merker can be found here:
Wartmann Merker was ranked among the most highly regarded Swiss law firms for Dispute Resolution in Chambers Global 2019. The firm was ranked in Band 2 of the category Litigation – Switzerland and Band 4 of the category Arbitration – Switzerland. Furthermore, Peter Reichart, Peter Hafner and Andrea Meier were recognized individually for their litigation and arbitration expertise. We thank our clients and peers for their positive feedback, which made these rankings possible.
The conference explored how the arbitration community should deal with the challenges associated with corruption in arbitration. Panellists discussed red flags for identifying suspicious relationships and address the impact of corruption on substantive matters as well as on the arbitral process itself. Finally, the questions of international arbitration’s role in fighting corruption, and whether there is a need for further initiatives by the arbitration community, were debated. Find out more here: www.arbitration-ch.org.
Peter Reichart is elected by the Swiss Bankers Associations (SBA) as investigator of the Agreement on the Swiss banks' code of conduct (CDB) for the term of office of 1 July 2018 to 30 June 2023.
For the second time, the business magazine BILANZ has rated the best law firms of Switzerland that have been recommended by colleagues and clients in their area of expertise: As in the previous year, Wartmann Merker is recognized as one of the top law firms for dispute resolution, being highly recommended by colleagues and clients. Furthermore, Wartmann Merker enters the ranking of 2018 for its expertise in the area of international law.
Peter Reichart and Peter Hafner are recommended for their strong commercial litigation experience. Andrea Meier is recognized for her work as leading arbitration practitioner and leading litigation lawyer and Giovanna Montanaro is recognized for her outstanding work across the transport sector.
As in the previous years, Wartmann Merker has been recognized by Chambers Europe and Chambers Global 2018 as a leading law firm for dispute resolution in Switzerland. Wartmann Merker is among the top seven law firms for litigation. Furthermore, Wartmann Merker has entered the rankings as a leading law firm for arbitration. Individually ranked are Peter Reichart and Peter Hafner for their work as litigators and Andrea Meier as arbitration counsel and arbitrator.
At the seminar on Logistics and Transport of 15th March 2018 on "Evil Commodity – when commodity turns into a nightmare", Giovanna Montanaro moderated a panel regarding export control and gave an overview on the recent case law. The panel consisted of Mr Jürgen Boehler-Royett Marcano (Chief Dual-Use Licensing, State Secretariat for Economic Affairs) and Prof. A. Furrer (University of Luzern).
In his article in Trust & Trustees, Alexander Wintsch gives an update on the recent Swiss case law on trust-related issues. In private litigation contexts, courts dismissed arguments aimed at looking through trust structures. In contrast, courts took a more aggressive stance in a tax context, where judges were less reluctant to find that the primary purpose of trusts was to avoid taxation (Recent Swiss Case Law on Trust-related Issues in: Trusts & Trustees, Volume 24, Issue 2, 1 March 2018, Pages 168–176).
In their article in the journal on labour law and unemployment insurance (ARV/DTA), Alexander Wintsch and Peter Hafner discuss the Federal Supreme Court's recent leading cases regarding partial actions as well as their implications on labour disputes (ARV/DTA, 4/2017, p. 251 et seq.).
As the under-representation of women within the arbitration community remains a polemic issue in the field, Who's Who Legal Arbitration Future Leaders Andrea Meier at Wartmann Merker, Ania Farren at Berwin Leighton Paisner, Chiann Bao at Skadden Arps Slate Meagher & Flom and Carine Dupeyron at Darrois Villey Maillot Brochier discuss the steps the community needs to take to overcome this lack of diversity, the development of the role of women in the profession and future challenges that will be faced by the next generation of female arbitration practitioners.
The partners of Wartmann Merker are pleased to announce that Dr. Giovanna Montanaro has become Partner of the firm. Giovanna Montanaro has long-standing and extensive experience in international trade and transport, as well as in insurance matters, and advises clients in relation to both contentious and non-contentious matters. She represents clients before state courts and arbitral tribunals in domestic and cross-border disputes and advises on drafting and negotiating agreements in her field of expertise, including maritime and aviation law.
In SZW 5/2017, Peter Reichart analyzes procedural questions in connection with the limitation of the auditor's liability according to the draft of the revised legislation on companies limited by shares (art. 759 para 2 draft-CO). Besides general concerns Peter Reichart criticizes that the proposal does not reliably limit the auditor's liability but makes it more difficult for the injured party to pursue its claims (SZW 5/2017 p. 661 to 671).
Andrea Meier has been ranked as the most highly regarded arbitration practitioner aged 45 or under in Europe (Partners' section) in Who's Who Legal's Future Leaders Arbitration ranking 2018. The ranking shines the spotlight on the pre-eminent lawyers aged 45 or under at the end of 2018, who the market considers to be the future leaders of the arbitration profession.
At the Swiss Case Law Series of ASA below 40 on 15 September 2017 in Bern, Silvia Iseli-Haffner spoke on the Swiss perspective of the issue of deviations from procedural rules agreed by the parties. With her co-panelists Hanna Roos and Markus Altenkirch she discussed whether deviations from agreed procedural rules are a non-issue or a no-go, with lively contribution from the audience.
In their article, the authors analyze the Federal Supreme Court's judgment 142 III 788 of 9 December 2016 and discuss the application of the findings on the joinder of parties (ZZZ 40/2016, Aug 2017).
In July 2017, UNCITRAL hosted a three day Congress to celebrate UNCITRAL's 50th anniversary and explore new directions in cross-border commerce. Leaders in the field of international trade law, including practitioners, judges, academics, international officials and other experts considered ways in which UNCITRAL's texts on international trade law can contribute to innovation and sustainable development in the coming years. Andrea Meier presented the ASA Arbitration Toolbox, an interactive electronic handbook designed to assist practitioners in organizing arbitral proceedings.
Andrea Meier once more recognized as leading arbitration and litigation expert and Peter Reichart and Peter Hafner again nominated for their strong commercial litigation experience.
The business magazine BILANZ has published the results of its rating of the best law firms of Switzerland: Wartmann & Merker is recognized as one of the top law firms 2017 (dispute resolution), being highly recommended by colleagues and clients.
Also in 2017, Wartmann & Merker is recognized by Chambers Europe as a leading law firm for dispute resolution (litigation) in Switzerland. Wartmann & Merker once more included in Band 2 of the ranking in the 2017 edition, with Peter Hafner and Peter Reichart individually ranked for their litigation work (Band 3) and Andrea Meier for her work as arbitration counsel (Band 4).
Also in 2017, Wartmann & Merker is recognized by Chambers Global as a leading law firm for dispute resolution (litigation) in Switzerland. Wartmann & Merker is once more included in Band 2 of the ranking in the 2017 edition, with Peter Hafner and Peter Reichart being individually ranked for their litigation work (Band 3) and Andrea Meier for her work as arbitration counsel (Band 4).
At the ASA Conference of 3 February 2017 in Geneva on "Shaping Arbitral Proceedings to Best Examine Quantum", Andrea Meier moderated a panel regarding the examination of quantum in cases where quantum depends on information possessed only by the respondent. With her panel, consisting of David Roney, Bernd Ehle and John Biggart, she discussed typical difficulties arising in this scenario, with lively contribution from the audience.
Peter Reichart and Richard Meyer publish on the FinSA draft legislation (Claims against financial service providers under the FinSA Draft legislation - a critical appraisal, SZW/RSDA 4/2016, p. 390-399) and speak on the topic to the Association of Foreign Banks in Switzerland on 18 January 2017.