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.
Legal 500 has published its newest EMEA ranking and Wartmann Merker is once again recognized as a leading Swiss law firm in the practice areas Litigation, Insurance and Transport: "Personable, commercially minded lawyers who are goal-focused." Our partners Peter Reichart, Reto Strittmatter, Giovanna Montanaro, Anne-Catherine Hand and Dominic Haegler as well as senior associate Andrea Roth are all recommended in the practice area Litigation. Giovanna Montanaro is further recommended in the practice areas Insurance and Transport. We are particularly proud that Giovanna Montanaro is also ranked as Leading Individual and raised the firm's ranking in the practice area Transport to tier 2.
We thank our clients and peers for their trust and positive feedback and our great team - whitout whom this ranking would not be possible!
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.
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.
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.).
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).
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.
As per 1 January 2024, our associate Felix Buff has been promoted to Senior Associate.
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!
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.
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.
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.
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.
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".
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).
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.
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.
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.
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).
Who's Who Legal - Switzerland once again recommends our practicioners Anne-Catherine Hahn (Arbitration and Investigations), Giovanna Montanaro (Insurance & Reinsurance and Transport) and Peter Reichart and Peter Hafner (both Commercial Litigation). We thank our clients and peers for the great feedback.
In its yearly ranking Legal 500 lists again Wartmann Merker as leading Swiss firm in the practice areas Litigation, Insurance and Transport and recommends our partners Peter Reichart, Peter Hafner, Reto Strittmatter and Giovanna Montanaro as well as senior associate Andrea Roth in the practice area Litigation. Giovanna Montanara is further recommended in the practice areas Insurance and Transport. Legal 500 says: "Exquisite small-sized law firm boutique with highly experienced lawyers and a focus on litigation issues." We thank our clients and peers for their positive feedback and support.
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).
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.
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".
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.
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.
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.
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.
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:
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!
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.
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.
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.
In its yearly ranking Legal 500 lists again Wartmann Merker as leading Swiss firm in the practice areas Litigation, Insurance and Transport and recommends all our partners Peter Reichart, Peter Hafner, Reto Strittmatter and Giovanna Montanaro in the practice area Litigation and Giovanna Montanaro in the practice areas Insurance and Transport. Legal 500 says: "Wartmann & Merker is a true litigation boutique with profound experience in the banking and financial services industry." We thank our clients and peers for their positive feedback and support.
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.
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.
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.
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.
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.
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.
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.
Who's Who Legal Switzerland 2021 has recognized our Partners Peter Hafner, Giovanna Montanaro and Peter Reichart as Thought Leaders in the categories Transport (Giovanna Montanaro) and Litigation (Peter Hafner and Peter Reichart). We thank our clients and peers for their positive feedback and the continuous support of our team.
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.
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.).
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.).
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".
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.
Peter Hafner and Peter Reichart have been recognized as Thought Leaders in Litigation by Who's Who Legal 2021 and Giovanna Montanaro is recommended by Who's Who Legal Switzerland 2021 in Transport and Insurance & Reinsurance. WWL says: "Peter Hafner is widely recognised in the Swiss market as a leading figure in banking, contract and private client dispute resolution."; "Giovanna Montanaro is 'definitely an important Zurich-based lawyer in the transport field' and is considered a leading light in the sector and 'one to watch'." and she "… is highlighted as 'an excellent lawyer" who is widely regarded as 'definitely one of the rising young market players'." in the insurance sector; "Peers highly recommend Peter Reichart for his adept handling of complex commercial and corporate litigation." We thank our clients and peers for their continued support and recommendations.
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.
The Legal 500 EMEA 2021 Edition lists Wartmann Merker as leading Swiss firm in Tier 3 in the practice areas Litigation, Insurance and Transport. Peter Hafner and Peter Reichart are recommended and Simone Burlet is listed as key lawyer in the practice area Litigation. Giovanna Montanaro is recommended in the practice areas Insurance and Transport. Legal 500 says: "The team of Wartmann Merker did a simply excellent job. Each team member was always informed about any and all steps and events and was available to us at all times as a highly competent contact person." We thank our clients and peers for their positive feedback.
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."
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.
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.
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.
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"».
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.
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.
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.
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).
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.