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Rechtsanwälte — Attorneys at Law
09/20/2024

Joint client event with Advestra on M&A disputes

M&A disputes are lengthy and expensive. This makes it all the more important for parties to act transparently and agree clear contractual provisions as early as the negotiation phase of an M&A transaction. If a dispute nevertheless arises, a legally sound, forward-looking approach is key. These and other questions were discussed by Andreas Hinsen, Daniel Raun (both Advestra AG), Anne-Catherine Hahn and Andrea Roth (both Wartmann Merker AG) at a jointly organized client event on 19 September 2024 at the Zunfthaus zur Meisen. We would like to thank Advestra AG for the successful evening and the participants for the enriching exchange.

07/01/2024

Christoph Mettler promoted to Senior Associate

As per 1 July 2024, our associate Christoph Mettler has been promoted to Senior Associate.

06/12/2024

Peter Reichart and Christoph Mettler spoke on the topic of bank clients' rights to information

What information can bank clients request from their bank? What are the scope and limits of such information requests? Peter Reichart and Christoph Mettler spoke about these questions at an event organised by the Banking Law Group of the Zurich Bar Association at Lenz & Staehelin on 11 June 2024.

05/18/2024

Andrea Roth spoke on „Future Proofing National Arbitration Laws“

At the 5th edition of the Global Conference of the Co-Chairs' Circle on 17 May 2024 in Frankfurt, Andrea Roth and three other panelists discussed how future-proof the Swiss arbitration law is in comparison to the arbitration laws of Germany, Nigeria and Portugal.

04/26/2024

Wartmann Merker recognized as Top Law Firm by Bilanz Ranking 2024

Wartmann Merker is again listed in the yearly ranking of the business magazine Bilanz as top law firm 2024 in the category "dispute resolution" and as one of the five best law firms in the industry "transport". We thank our clients and peers for their recommendations.

04/25/2024

Wartmann Merker Newsletter on Retrocession

In our latest newsletter, Peter Reichart and Andrea Roth discuss a Federal Supreme Court decision issued on 27 February 2024 (4A_496/2023), which deals with the obligation to surrender retrocessions. In this decision, the Federal Supreme Court rules, for the first time, on the conditions under which clients can waive their rights to retrocessions in execution-only banking relationships. For the first time ever, the Federal Supreme Court in this decsion accepted the wording of a waiver clause as sufficient.

04/18/2024

Andrea Roth spoke in the ARBinBRIEF series on "Arbitrator's Technological Competence"

On 17 April 2024, Andrea Roth spoke in the ARBinBRIEF series episode 13 of season 3 on the topic "Arbitrators' Technological Competence". ARBinBRIEF is a practical video guide on handpicked arbitration issues. Episodes are available online.

03/18/2024

Wartmann Merker again recognised as a leading law firm by Chambers Europe 2024

Wartmann Merker is once again recognized as one of the leading law firms in the field of dispute resolution in the latest edition of Chambers Euope: Switzerland 2024. Chambers writes: "The team at Wartmann Merker is able to deal with complex litigation cases.". In addtion, our partner Peter Reichart was again recognized individually for his litigation expertise: "He is an excellent litigator and exceptionally skilful in dealing with banking and finance disputes." and "He has a very analytical approach and is a cost-efficient solutions provider." We would like to thank our clients and colleagues for this feedback.

03/07/2024

Giovanna Montanaro gave a keynote speech on "Recht verpackt?!"

On 6 March 2024, the SPEDLOGSWISS Forum addressed the topic of packaging and cold chain in the area of conflict between law and insurance. Our partner Giovanna Montanaro gave the keynote speech "Recht verpackt?!" followed by a workshop and panel discussion.

03/05/2024

Giovanna Montanaro publishes on the direct right of action against civil liability insurers

Since January 2022, Swiss insurance law provides for a general direct right of action against liability insurers. This Swiss legal novelty creates numerous challenges for international trading partners and their civil liability insurers when negotiating contracts and enforcing claims in the event of a claim.

Our partner Giovanna Montanaro, together with Gina Dür, discusses these questions and further clarifications and ambiguities in her latest article " Direktes Forderungsrecht in jedem Fall? – Klar- und Unklarheiten für internationale Handelspartner und Haftpflichtversicherer im Direktprozess gegen die Haftpflichtversicherung" published in the journal "Internationale Handelsrecht" (IHR 1/2024, p. 1 et seq.).

02/22/2024

Wartmann Merker again recoginzed by Leaders League in several practice areas

Leaders League again recognized Wartmann Merker for 2024 as leading Swiss dispute resolution law firm in the following practice areas: Insurance Litigation (Giovanna Montanaro, "excellent"), Banking & Finance Litigation (Peter Reichart, "highly recommended"), Commercial Litigation (Peter Reichart), International Arbitration (Peter Reichart, Anne-Catherine Hahn) and White Collar Crime (Peter Reichart).

02/15/2024

Wartmann Merker again recognised as a leading law firm by Chambers Global 2024

Wartmann Merker is once again recognized as one of the leading law firms in the field of dispute resolution in the latest edition of Chambers Global 2024. Chambers writes: "The team gives excellent legal advice, is extremely reliable and is always coming up with the most pragmatic solutions" and "The team at Wartmann Merker is able to deal with complex litigation cases". In addtion, our partner Peter Reichart was again recognized individually for his litigation expertise: "He is an excellent litigator and exceptionally skilful in dealing with banking and finance disputes." We would like to thank our clients and colleagues for this feedback.

01/03/2024

Felix Buff promoted to Senior Associate

As per 1 January 2024, our associate Felix Buff has been promoted to Senior Associate.

12/20/2023

Dominic Hägler will become partner in our firm as of 1 January 2024

We are pleased to announce that Dominic Hägler will become partner in our firm as of 1 January 2024. Dominic Hägler is an experienced litigator who represents companies and individuals before courts and arbitral tribunals. He is specialized in commercial disputes with a particular focus on the financial sector. With this appointment, Wartmann Merker strengthens its existing expertise as a leading boutique law firm in the area of dispute resolution. We wish Dominic a good start in his new role!

12/15/2023

Giovanna Montanaro, Peter Reichart, Anne-Catherine Hahn and Andrea Roth recommended by Who's Who Legal

In its recent reports Who's Who Legal once again recommends several practictioners of our firm. Giovanna Montanaro (practice area transport) and Peter Reichart (practice area commercial litigation) are recognized as Thought Leaders - Switzerland and Anne-Catherine Hahn and Andrea Roth are ranked as Future Leaders in the Global Practice Area Report in the catergory commercial litigation. We thank our clients and peers, who have put in a good word for us, and our team at Wartmann Merker without whom this achievment would not be possible.

11/30/2023

Andrea Roth wins 2023 Lexology Client Choice Award

Our Senior Associate Andrea Roth has won the 2023 Lexology Client Choice Award for Switzerland in the category Litigation. Uniquly, the Client Choise Awards are solely based on inhouse counsel nominations and clients' rating. Andrea Roth is the firm's second winner after Giovanna Montanaro, who won the Client Choice Award last year. Wartmann Merker is delighted and we thank clients for their continued trust in Andrea Roth and our firm.

11/29/2023

Anne-Catherine Hahn publiziert zum Thema "Compliance – (k)ein Thema für die öffentliche Verwaltung?"

In an article co-authored with Susanna Stähelin, Deputy Secretary General of the Department of Justice and Home Affairs of the Canton of Zurich, in the journal "Recht relevant" (6/2023), our partner Anne-Catherine Hahn discusses the question of how preventive compliance measures are dealt with in public administration. According to the authors, the view that ex-post control mechanisms need to be supplemented by preventative and risk-based compliance measures is becoming increasingly prevalent in public administration. The digitalisation of public administration is playing the role of a catalyst here. There is a lot at stake in this rapidly changing area in particular: not only the efficient handling of taxpayers' money, but also the public's trust in official decisions and processes and therefore ultimately the reputation of the state.

11/09/2023

Anne-Catherine Hahn will speak at the 71st Forum on Financial Market Regulation on 13 December 2023

Together with Prof. Dr. Aline Darbellay and Prof. Dr. Damiano Canapa, our partner Anne-Catherine Hahn will discuss questions on "Sustainability and responsible business and corporate governance: what obligations, what liability?" at the Financial Market Regulation Forum organized by the University of Zurich. Participation is free of charge. Further information can be found in the PDF bellow.

10/26/2023

Peter Reichart spoke on the first joint training conference on civil procedure of the Zurich Courts and the Zurich Bar Association

On the first joint training conference of the Zurich courts and the Zurich Bar Association on the topic "Focus on Civil Procedure – The Instruction Hearing" on 26 October 2023 Peter Reichart discussed the instruction hearing from a lawyer's perspective and, together with High Court Judge Roland Schmid, Vice President of the Commercial Court of the Canton of Zurich, led the workshop on "The Settlement Hearing".

10/01/2023

Anne-Catherine Hahn publishes in the new edition of the "Handkommentar zum Schweizerischen Privatrecht"

In the fourth edition of the "Handkomentar zum Schweizer Privatrecht" (commentary on Swiss private law), our partner Anne-Catherine Hahn commented on articles 62-67 CO (unjust enrichment).

09/21/2023

Christoph Mettler is part of the author team of the "Onlinekommentar"

Our Associate Christoph Mettler is now a part of the author team of the "Onlinekommentar" and has published on Articles 106-109 of the Swiss Federal Statute on Debt Enforcement and Bankruptcy. Onlinekommentar.ch is the first non-profit and Open Access commentary platform in Switzerland. We are proud that Christoph is part of this extraordinary project.

09/08/2023

Andrea Roth organized and talked at event on the topic of "Arbitration & Parenthood"

On 6 September 2023, Andrea Roth spoke at the event she co-organized on the topic of "Arbitration & Parenthood - A Survival Guide" about her own experiences and strategies for balancing a career in international arbitration with the responsibilities and demands of parenthood. The event was supported by ASA below 40, ArbitralWomen and DIS40.

09/07/2023

When managers become liable

Cyber risks, data protection laws and numerous other regulations generate new liability risks. Increasingly, not only the companies themselves, but also the persons acting on their behalf are being brought to justice. At a client event on 6 September 2023, Reto Strittmatter and Anne-Catherine Hahn of Wartmann Merker and Jon Samuel Plotke of ASSEPRO Brokerage explored the question of what liability risks managers face in this environment and how risks can be reduced through internal compliance measures or insurance solutions. The evening was rounded off by an aperitif in the beautiful Zunfthaus zur Meisen. We say thank you for the exciting presentations and the enriching exchange.

07/07/2023

Wartmann Merker recoginzed by Leaders League in several practice areas

Leaders League recognized Wartmann Merker for 2023 as leading Swiss law firm in the following practice areas: Banking & Finance Litigation (Peter Reichart, Peter Hafner), Commercial Litigation (Peter Reichart, Peter Hafner), Insurance Litigation (Giovanna Montanaro), International Arbitration (Peter Reichart, Anne-Catherine Hahn) and White Collar Crime (Peter Reichart).

04/19/2023

Wartmann Merker Newsletter on Civil Procedure

Peter Reichart, Dominic Hägler and Felix Buff discuss in our latest newsletter two legislative projects in the field of civil procedure: The revision of the Civil Procedure Code (CPC) was adopted in mid-March, and Switzerland plans to join the Hague Convention on Choice of Court Agreements (HCCCA).

03/03/2023

Wartmann Merker Newsletter on the revision of the Swiss stock corporation law

In our latest newsletter, Reto Strittmatter and Lara Gachnang present the most important innovations of the "major" revision of the Swiss stock corporation law. The new provisions are - apart from a few regulations already in force since 1 January 2021 - applicable to existing companies as of 1 January 2023. The law governing stock corporations has been updated and modernized in many details as a result of the revision. Among other things, the new law provides for greater flexibility in the area of capital and new forms for holding general meetings and board meetings, strengthens shareholders' rights in certain areas and modifies the law on financial distress.

 

02/22/2023

Wartmann Merker recognised as one of the leading law firms in Chambers Global 2023

Wartmann Merker is once again recognized as one of the leading law firms in the field of dispute resolution in the latest edition of Chambers Global 2023. Chambers writes: "The team gives excellent legal advice, is extremely reliable and is always coming up with the most pragmatic solutions" and "They were able to present even the most complex topics in a very understandable and simple way". We would like to thank our clients and colleagues for this feedback. 

 

Our partners Peter Reichart and Peter Hafner were again recognized individually for their litigation expertise: ' "Having Peter Reichart on our side in difficult situations provides maximum comfort and security" and "Peter Hafner is an excellent litigator".

02/15/2023

Peter Reichart publishes column in "SeismOGraph"

Peter Reichart wrote a commentary for "SeismOGraph", the in-house newspaper of the Zurich High Court, with the provocative title "Are senior judges "mega-corrupt"? He explores the question of how people seeking justice perceive their contact with the judiciary.

12/09/2022

Giovanna Montanaro wins 2023 Lexology Client Choice Award

Our partner Giovanna Montanaro has won the 2023 Lexology Client Choice Award for Switzerland in the category Insurance & Reinsurance. Wartmann Merker is delighted and we thank clients for their continued trust in Giovanna Montanaro and our firm.

11/09/2022

Wartmann Merker Newsletter on the revision of the Swiss Code of Civil Procedure

Peter Reichart, Andrea Roth and Christoph Mettler discuss in our latest newsletter the revision the Swiss Code of Civil Procedure (CPC) and provide an overview of the main changes relevant to commercial litigation. In the parliamentary fall session, the Council of State and the National Council were able to settle most of their differences, so the key points are now set. It is not yet known when the revised CPC will enter into force. Realistically, this may be on 1 January 2024.

11/01/2022

Anne-Catherine Hahn appointed to the ICC Commission on Arbitration and ADR

Our partner Anne-Catherine Hahn has been appointed by ICC Switzerland as a Delegate to the ICC Commission on Arbitration and ADR, the International Chamber of Commerce's  unique think tank and rule making body for international dispute resolution. In this role, she will be part of an adept and diverse group of global experts seeking to ensure that ICC Dispute Resolution Services continue meeting the evolving needs of practitioners, while also participating in the activities of the ICC's Swiss Commission of Arbitration and ADR.

09/09/2022

Christoph Mettler awarded doctorate

Wartmann Merkers Associate Christoph Mettler was awarded a doctorate with his thesis "Der Anscheinsbeweis im schweizerischen Zivilprozess". We congratulate Christoph Mettler on this success. The dissertation is available under a Creative Commons license via the following link:

09/01/2022

Wartmann Merker welcomes Anne-Catherine Hahn as new Partner

We are very pleased to announce that Anne-Catherine Hahn has joined the Wartmann Merker team as a new partner as of 1 September 2022. Anne-Catherine Hahn is a proven expert in litigating commercial disputes before courts and arbitral tribunals. She regularly acts as an arbitrator, assists parties in avoiding and resolving disputes, and provides clients with legal and strategic advice on important business decisions. We wish Anne-Catherine Hahn a good start!

07/22/2022

Andrea Roth interviews Korinna von Trotha, Executive Director at Swiss Arbitration Centre and ASA

On 22 July 2022 via webinar, our senior associate Andrea Roth interviewed Korinna von Trotha, Executive Director at Swiss Arbitration Centrer and ASA, on her career path and her work for arbitral instituions. The interview was conducted in the course of an interview series on career paths in international arbitration, organized by Swiss VYAP and ArbitralWomen/YAWP.

06/24/2022

Wartmann Merker celebrates its 30th anniversary

Yesterday, we celebrated Wartmann Merker's 30th anniversary with our families, clients, friends and colleagues at our offices. We would like to thank all our guests for coming and our clients and colleagues for the trust they have placed in our firm over the years.

05/02/2022

Wartmann Merker recognized as Top Law Firm by Bilanz Ranking 2022

Wartmann Merker is again listed in the yearly ranking of the business magazine Bilanz as top law firm 2022 in the categories "dispute resolution" and "insurance" and as one of the five best law firms in the industry "transport". We thank our clients and peers for their recommendations.

04/14/2022

Wartmann Merker Newsletter on the revision of Swiss inheritance law

Reto Strittmatter and Lara Gachnang discuss in our latest newsletter the revised provisions of the Swiss inheritance law and give recommendations for action. The revisied provisions will enter into force on 1 January 2023 and will also apply to all existing wills and inheritance contracts.

03/17/2022

Top Ranking for Wartmann Merker in Chambers Europe 2022

Wartmann Merker continues to be recognized among the leading Swiss law firms for litigation in the latest Chambers Europe 2022 ranking, which says: "The lawyers are highly skilled and knowledgeable," and "They know us very well and know our needs." Our partners Peter Reichart and Peter Hafner were further recognized individually for their litigation expertise: Peter Reichart is recognized as „a very experienced and seasoned litigator“ and Peter Hafner as „highly skilled“. We thank your clients and peers for this feedback.

03/10/2022

Christoph Mettler received top rating for his doctoral thesis

Our associate Christoph Mettler received from the University of Zurich the rating summa cum laude for this doctoral thesis on the topic of prima facie evidence in Swiss civil proceedings. Wartmann Merker congratulates Christoph on this well-deserved success.

03/09/2022

Top Ranking for Wartmann Merker in Chambers Global 2022

Chambers Global 2022 again recognizes Wartmann Merker as one of the most highly regarded Swiss law firms for Dispute Resolution in the category Litigation - Switzerland. Peter Reichart („a very experienced and seasoned litigator“) and Peter Hafner („highly skilled“) were further recognized individually for their litigation expertise. We thank our clients and peers for their positive feedback.

02/16/2022

Giovanna Montanaro recommended as Global Leader

The global ranking guide Who's Who Legal: Transport once again recommends Giovanna Montanaro as Global Leader 2022 in the fields of Shipping and Aviation Contentious. WWL says: "Giovanna is held in high esteem by peers who commend her first-class shipping practice and consider her 'a true transport law specialist'" and "Giovanna draws high praise from sources who note she is a leading light in the Swiss aviation market." Wartmann Merker is delighted and thanks clients and peers for their support.

01/04/2022

Wartmann Merker turns 30 in 2022

In 1992, Thomas Wartmann and Rudolf Merker founded a law firm that has grown into a renowned boutique law firm specializing in representing and advising clients from Switzerland and abroad in commercial litigation, arbitration and other commercial matters. We thank our clients and colleagues for the trust placed in us in the past thirty years and we look forward to many more years of cooperation.

12/13/2021

Felix Buff and Peter Reichart publish on jurisdiction clauses in articles of associations

Should a Swiss corporation include a jurisdiction clause in its articles of association? To what extent is such a clause binding and what are its advantages and disadvantages? Felix Buff and Peter Reichart discuss these and other questions in their article "Statutarische Gerichtsstandsklauseln", published in SZW 5/2021, p. 605 et seqq.

11/26/2021

Reto Strittmatter is co-author of the new Staempfli's law textbook Civil Procedure Law

Reto Strittmatter together with Bernhard Berger, Andreas Gungerich und Christoph Hurni is co-author of the new Staempfli's law textbook Civil Procedure Law, 2nd ed., Berne 2021. The textbook provides a comprehensive overview of the Swiss Civil Procedure Code taking into account the Berne and Zurich introductory legislation. It presents the dogmatic basis of civil procedure law, explains the procedure in the courts of first and higher instance on the basis of numerous short case studies, and is therefore particularly useful for exam preparation. The textbook consistently refers to international civil procedure law (PILA, revised Lugano Convention) and systematically presents the legal remedies according to the Swiss Federal Supreme Court Act.

11/01/2021

Giovanna Montanaro publishes on general terms and conditions in the field of transport law

How liberal and user-friendly is Swiss law on general terms and conditions and can there be an advantage to subjecting contracts to Swiss law?

Giovanna Montanaro, with the assistance of Marco Manzoni, discusses these questions in her latest article "Schweizer AGB-Recht im transprortrechtlichen Umfeld" published in the journal "Transportrecht" (TranspR 9/2021, p. 371 et seqq.).

10/29/2021

Peter Reichart published a plea for a better understanding of what lawyers do by the courts

In a column, Peter Reichart discusses the different worlds in which lawyers and courts operate, using examples from his practice. He calls for a better understanding of what lawyers do by the courts (Denn sie wissen nicht, was wir tun, ZZZ 55/2021, p. 597 et seqq.).

10/12/2021

Andrea Roth publishes a blog post on Kluwer Arbitration Blog

In a blog post published on Kluwer Arbitration Blog Andrea Roth discusses a recently rendered decision of the Swiss Federal Supreme Court on topic " Can an Arbitral Tribunal Award a Claim in a Different Currency Than Requested? – The Case of Switzerland".

06/30/2021

Felix Buff awarded Vanderbilt Scholarship of NYU

As of August 2021, our associate Felix Buff will commence its LL.M. year at NYU as a Vanderbilt Scholar. The Vanderbilt Scholarship is awarded to a select group of extraordinarily talented LLM candidates who have demonstrated outstanding academic promise and/or achievement in their respective fields of interest.

05/06/2021

Wartmann Merker recognized as Top Law Firm by Bilanz Law Firm Ranking 2021

This year's ranking of the business magazine Bilanz again lists Wartmann Merker as top law firm in the area "dispute resolution" and as one of the five best laws firm in the industry "transport". We thank our clients and peers for their recommendations.

03/15/2021

Giovanna Montanaro recognized as "Global Leader"

The global ranking guide Who's Who Legal: Transport recognized Giovanna Montanaro in the fields of Aviation Contentious and Shipping as Global Leader 2021: "Giovanna Montanaro draws high praise from market sources who consider her a top name for contractual and insurance issues in the shipping sector."

03/12/2021

Top rankings for Wartmann Merker in Chambers Global 2021

Wartmann Merker was again ranked among the most highly regarded Swiss law firms for Dispute Resolution in Chambers Global 2021. The firm was ranked in Band 3 of the category Litigation – Switzerland. Peter Reichart and Peter Hafner were further recognized individually for their litigation expertise. We thank our clients and peers for their positive feedback, which formed the basis of these rankings.

02/17/2021

Peter Reichart publishes on causality in corporate liability proceedings

In February 2020, Peter Reichart spoke at the 10th Zurich Conference on directors & officers liability on the topic "Causality, a new obstacle in liability proceedings? – On recent case law of the Federal Supreme Court". His contribution has now ben published in the conference transcript of the Europa Institute at the University of Zurich.

02/12/2021

Giovanna Montanaro spoke on the Swiss Shippers' Forum 2021

Giovanna Montanaro spoke on the topic "Covid – Quo Vadis Force Majeure und Haftung" on this years virtually held Swiss Shippers' Forum on 27 January 2020.

02/09/2021

Peter Hafner recognized as "Leading Individual" in Switzerland

The global ranking guide Who's Who Legal: Litigation 2020, published in January 2021, lists Peter Hafner as a "Leading Individual" in Switzerland: «Peter Hafner at Wartmann Merker gains widespread recognition from market sources who applaud his as a "knowledgeable litigator" and someone who is "calm and persuasive"».

01/26/2021

Wartmann Merker represented the successful appellants in a new landmark case with the Swiss Federal Supreme Court to limit the scope of data subject access requests under the Federal Data Protection Act

In the judgement 4A_125/2020 dated 10 December 2020, which is to be published in the Federal Supreme Court Reports, the Federal Supreme Court held that the rights of data subjects do not include a general right to take evidence by witnesses or the parties about the contents of a discussion involving their personal data. The case was about an overbroad data subject access request of a former customer against a company.

The judgement is also procedurally groundbreaking, as the appeal related to an order of the lower courts on the administration of evidence, which is only appealable under rarely accepted conditions.

Wartmann Merker (Peter Hafner) represented the successful appellants.

01/15/2021

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.

12/03/2020

Andrea Roth becomes new DIS40 Regional Coordinator in Zurich

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. 

11/18/2020

Giovanna Montanaro moderated a panel on cross-border multimodal transport at the IBA 2020 Virtually Together Conference

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.

10/16/2020

Wartmann Merker AG

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.

10/01/2020

Franco Strub publishes on the restrictions for lawyers' advertisement

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.).

06/22/2020

Franco Strub publishes on the contingency fee

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.).

04/06/2020

Giovanna Montanaro recognized as "Thought Leader"

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).

04/06/2020

Peter Reichart recognized as "Thought Leader"

Peter Reichart has been recognized as Thought Leader in Litigation by Who's Who Legal Switzerland.

04/06/2020

Peter Hafner recommended as Global and National Leader

Peter Hafner has been recommended by Who's Who Legal as Global Leader and National Leader Switzerland in Litigation.

04/06/2020

Giovanna Montanaro spoke on the Swiss Shippers' Forum

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.

03/09/2020

Peter Reichart on causality in corporate liability proceedings

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?".

03/09/2020

Top rankings for Wartmann Merker in Chambers Global 2020

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.

09/20/2019

Peter Reichart publishes on the issue of cybercrime and money transfers (SZW/RSDA 4/2019)

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).

09/20/2019

Peter Reichart as panelist at the thenth CIVPRO Conference on Civil Procedure Law

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.

07/12/2019

Reto Strittmatter re-elected to the Bar Examination Board

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.

07/02/2019

Handelsblatt Award: Best Lawyers 2019

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.

04/15/2019

Gerarda Coppola on the European General Data Protection Regulation (GDPR)

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.

04/01/2019

Andrea Meier elected to the Executive Committee of ASA

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.

04/01/2019

Moving inhouse

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.

02/20/2019

Top rankings for Wartmann Merker in Chambers Global 2019

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.

02/05/2019

Andrea Meier co-organized the ASA Arbitration Conference dealing with arbitration and corruption held on February 1st in Geneva

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.

06/25/2018

SwissBanking elects Peter Reichart as investigator of the CDB

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.

06/04/2018

Wartmann Merker – One of the top law firms 2018 in the rating of BILANZ

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.

03/21/2018

Wartmann Merker rankings in Chambers Europe and Chambers Global 2018

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.

03/19/2018

Giovanna Montanaro moderates a panel at the 8th Luzerner Transport- und Logistiktage in Lucerne

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).

03/16/2018

Alexander Wintsch on the recent Swiss case law on trust-related issues

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).

02/21/2018

Alexander Wintsch and Peter Hafner publish on the recent Swiss case law regarding partial actions

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.).

01/10/2018

Dr. Giovanna Montanaro

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.

11/17/2017

SZW 5/2017: Peter Reichart publishes on the revision of the auditor's liability

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).

09/20/2017

Silvia Iseli-Haffner speaks at ASA below 40 Seminar in Bern

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.

09/06/2017

ZZZ 40/2016: Alexander Wintsch and Richard Meyer publish on the subject of aggregation of amounts in dispute for joinder of parties and joinder of claims

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).

07/17/2017

Andrea Meier presents the ASA Arbitration Toolbox at the UNCITRAL Congress in celebration of UNCITRAL's 50th anniversary

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.

05/03/2017

Wartmann & Merker – One of the top law firms 2017 according to the rating of the BILANZ

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.

05/03/2017

Chambers Europe 2017: Wartmann & Merker once again recognized as leading law firm for dispute resolution (litigation)

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).

04/03/2017

Chambers Global 2017: Wartmann & Merker once again recognized as leading law firm for dispute resolution (litigation)

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).

02/15/2017

Andrea Meier moderates panel at ASA Conference in Geneva

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.

02/01/2017

Peter Reichart and Richard Meyer on the FinSA draft legislation

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.

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