Dr. Giovanna Montanaro

Giovanna has a long-standing and extensive experience in international trade, transport and insurance law. She advises clients on both contentious and non-contentious matters, representing them in complex proceedings before state courts and arbitration tribunals in national and cross-border disputes. Additionally, she provides guidance on drafting and negotiating contracts in the areas of commercial, transport and insurance law, including maritime and aviation law.
Education
University of Zurich, Dr. iur. (2001)
The Hague Academy of International Law, Centre for Studies and Research (1999)
Admitted to the Bar of the Canton of Zurich (1996)
University of Zurich, lic.iur. (1994)
Professional Career
Partner at Wartmann Merker (since 2018)
Lecturer in Air and Maritime Law at the University of Zurich (since 2024)
Lecturer in private law at EXPERTsuisse for prospective tax experts, Zurich (since 1998)
Associate and Counsel at an international law firm in Zurich (2000-2017)
Lecturer at the University of Applied Sciences and Arts Northwestern Switzerland, postgraduate studies in International Logistics Management, Olten and Windisch (2001-2012)
Internship at the European Commission, DG MOVE, Brussels (1999)
Research assistant to the Chair of Swiss and European Private Law, Prof. H. Honsell, Zurich (1997-1998)
Trainee at an international law firm in Zurich and Geneva (1994-1995)
Recent Cases
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Advising and representing a shipper in a recourse action against a logistics company for machinery damage incurred during multimodal transport from Switzerland to Asia.
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Advice in a dispute before a foreign state court concerning aspects of Swiss insurance law related to an accident that occurred during construction and maintenance work on railway infrastructure.
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Advising an owner on drafting a repair contract for a sailing yacht and providing support in a cover dispute with the insurance company.
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Assisting a trader in protecting his rights related to inventory discrepancies amounting to millions of USD.
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Advising and coordinating a cross-border dispute relating to the theft of lorries carrying high-value goods during transport from France to Russia.
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Providing legal support in a dispute between a ground handling company and an airline.
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Advising on Swiss law and potential litigation before Swiss courts in a D&O coverage dispute involving over USD 250 million.
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Assisting a naval architect on drafting a contract for the design and construction of a motorised vessel.
Memberships
ASDA (Swiss Association for Air and Space Law): Board member
SVSR (Swiss Association for the Law of the Sea): Board member
IBA (International Bar Association): former President of the Land Transport Sub-committee
EALA (European Air Law Association)
IAWA (International Aviation Womens Association)
SVS (Swiss Association for Shipping and Port Management)
WISTA (Women's International Shipping & Trading Association)
ZSN (Zurich Shipping Network): Board member
DGTR (German Association for Transport Law)
ZAV (Zurich Bar Association)
SAV (Swiss Bar Association)
Publications
Direct right of action in any case? – Clarities and uncertainties for international trading partners and liability insurers in direct proceedings against liability insurance, IHR 1/2024, pp. 1 et seq. (together with Gina Dürr)
Kren/Wolf/Amstutz/Fankhauser (eds.), Commentary on the Swiss Code of Obligations, Art. 439-457 (Freight and Forwarding Law) and Art. 1153-1155 (Documents of Title), 4th ed., Zurich 2023
Hochstrasser/Huber-Purtschert/Maissen (eds.): A Commentary on Swiss Private Law, 4th ed., Zurich 2023, Art. 440-457 OR (transport law)
Swiss law on general terms and conditions in the context of transport law, TranspR 9/2021, p. 371 et seq.
Explanations of the AB SPEDLOGSWISS, published by SPEDLOGSWISS, Basel 2016.
The bill of lading, security for banks in the documentary credit?, IHR 4/2010 (part 1), p. 137 et seq. and IHR 5/2010 (part 2), p. 181 et seq.
Aviation (tortious liability), in: Basedow/Hopt/Zimmermann, A Handbook of European Private Law, Tübingen 2009 - Publication of the English version in 2012
Contribution for Switzerland in ‘The Official Guide to Ship Registries 2002’, Stamford 2002
The liability of the freight forwarder for damage to goods, with particular consideration of air transport and the General Conditions of the Swiss Freight Forwarders' Association (GC SFA), Zurich Studies on Private Law, Vol. 166, Zurich 2001
Presentations
‘Claims Handling – Part 1’ 4L SPEDLOSWISS Webinar, 4 September 2024
‘Marine insurance: new developments’, IBA Maritime and Transport Law Conference, 13 June 2024, Hamburg
‘Packed well?’, keynote speech and workshop, SPEDLOGSWISS Forum, Olten, 6 March 2024
‘Force majeure: currrent issues’, IBA/AIJA joint Seminar, Valencia, 30 September 2022
‘Revision VVG – Consequences for the shipping industry’, Swiss Shippers' Forum, Interlaken, 27 April 2024
‘Transport damage – what to do? Focus on road transport and CRM liability’, webinar organised by Swiss Shippers‘ Council, 27 May and 22 June 2021
’Covid – Quo Vadis Force Majeure and Liability‘, Swiss Shippers’ Forum, Interlaken, 27 January 2021, Interlaken
Panel discussion on ‘Multimodal transport: technical and legal issues in worldwide port to port and door to door shipments.’ at the IBA 2020 Virtually Together Conference, 12 November 2020
‘Force Majeure – what are the risks for the shipper?’ Swiss Shippers' Forum, Interlaken, 29 January 2020
Panel discussion on ‘Contractual logic in logistics’ 9th Lucerne Transport and Logistics Days, 21 March 2019
Panel discussion on ‘Nasty goods in export’ 8th Lucerne Transport and Logistics Days, 15 March 2018: Nasty goods – When goods turn into a nightmare
‘Workshop on the AB SPEDLOGSWISS’ Further training event of SPEDLOGSWISS, Zurich and Olten, 28 and 29 November 2017
Panel leadership and organisation of ‘Transfer of Ownership and Retention’ 7th Lucerne Transport and Logistics Days, 16 March 2017
‘Mediation of Maritime Disputes: What's new there?’ IBA Annual Conference, Washington, 22 September 2016, Washington
‘Swiss law on general terms and conditions in the context of transport law’ Conference of the German Society for Transport Law, Dresden, 12 November 2015
‘Maritime Arbitration in Switzerland’ IBA Conference of the ‘Maritime and Transport Law Committee’, Geneva, 8 May 2015
‘Atélier sur la résponsibilité selon la CMR’ Further training event of SPEDLOGSWISS, Morges, 15 April 2015
‘Workshop zur CMR-Haftung’ Further training event of SPEDLOGSWISS, Zurich and Olten, 11 and 18 November 2014
‘101 in drafting clauses limiting liability to direct losses’ AIJA Seminar of the Transport Law Commission, Lisbon, 19 October 2013
‘Workshop on Logistics Contracts’ Continuing education event of SPEDLOGSWISS, Zurich and Wallisellen, 5 and 11 September 2013
‘International Sales of Goods in General and CISG in Particular’ 5th Asian Maritime Law Conference: ‘The Future of Shipping’, Singapore, 12 April 2013
‘Package Travel’ ZAV-Podium, Zurich and Winterthur, 12 and 13 March 2013
‘The Choice of Law Clause’ 78th meeting of WOPALIM (Legal Commission of the Swiss Shipping Council), Zurich, 31 October 2012
‘Credit Insurance’ AIJA Seminar ‘International Contract Academy with a Focus on Retail’, Milan, 26 October 2012
‘Financial and Insolvency Issues in Shipping and Shipbuilding’ IBA Annual Conference, Dublin, 4 October 2012
‘Overview of time-relevant legal issues in the transport media road, air, water and rail’ 2nd Lucerne Transport and Logistics Days, Lucerne, 29 March 2012
‘Sales / Distribution Agreements’ AIJA International Trade and Transport Symposium, Los Angeles, 13 - 15 October 2011
‘Transporting Food – Hot Issues in Cold Chain Cases’ AIJA Seminar on ‘Food Law’, Parma, 7 May 2011
‘Liability of the carrier & recourse against the carrier’ Transport Law Conference of Hesse & Partner, 15 September 2009
‘Invoking General Conditions in Switzerland’ AIJA Seminar of the Transport Law Commission, Rotterdam, 31 October 2008
‘Standardised Clauses – Incoterms and GTC’ AIJA German-speaking regional meeting, Constance, 6 June 2008
‘Autonomous Interpretation and Subsidiary Application of National Law – Why Forum Shopping may be an Interesting Option for Practitioners’ AIJA Seminar of the Transport Law Commission, Hamburg, 13 October 2006
‘Forwarding in a Changed World – Legal Aspects’ IUMI Conference, New York, 15 - 18 September 2002
‘The Arbitration Clause’ 52nd meeting of WOPALIM (Legal Commission of the Swiss Shippers Council), Zurich, March 2002
‘Forwarder's Liability’ Swiss Shippers Council – Regional Event, Winterthur, 19 September 2001
Languages
German
English
Italian
French
Contact
P+41 44 212 10 11 F+41 44 212 15 11
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"Giovanna Montanaro is a senior name in the Swiss transport market, where she excels across the full spectrum of maritime and aviation law, from insurance to contracts."Who's Who Legal Switzerland 2024 (Transport and Insurance & Reinsurance)
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"Giovanna Montanaro demonstrates exceptional expertise in the insurance and reinsurance field, where she is highly sought after by clients in the transport sector."Who's Who Legal Switzerland 2024 (Insurance & Reinsurance)
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"Giovanna Montanaro is a top-level attorney in shipping and transport matter. She is efficient and capable to provide effective solutions to problems."Legal 500 EMEA 2024 (Transport)
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"Practical approach, good and fast communication, excellent specialist practices."Legal 500 EMEA 2024 (Insurance)
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"Giovanna Montanaro is 'considered a leader in the field of transport law' by respondents."Who's Who Legal Thought Leaders – Switzerland – Transport 2023
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Giovanna Montanaro was awarded the 2023 Lexology Client Choice Award for Switzerland in the category Insurance & Reinsurance.Lexology Client Choice Award 2023 (Insurance & Reinsurance, Switzerland)