Litigation & Disputes

Overview

Not every disagreement needs a court, and not every disagreement can be settled. The task in a contentious matter is to work out early which of the two it is, and to prepare accordingly. In Switzerland procedure is governed largely by the codes of civil and criminal procedure, with jurisdiction and the recognition of foreign decisions determined by federal statutes and by international conventions. Arbitration is frequently chosen instead, whether under the Swiss arbitration framework, under the rules of an institution, or under a clause agreed between the parties when their relationship was formed.

We advise and represent parties on both sides of disputes, and also act in proceedings where the client's interest is defensive: a claim brought against a company, a director, an estate or an individual that must be answered carefully and within strict procedural time limits. The work begins long before any submission is filed, with an assessment of the facts, the documents and the legal position, and with a candid view of what the matter is worth.

Matters we handle

The contentious work we undertake falls broadly into the following categories:

• Pre-litigation strategy, including the assessment of claims and defences, the preservation of evidence, the timing of steps, and correspondence intended to bring a matter to a conclusion without proceedings.
• Civil litigation before Swiss courts, at first instance and on appeal, in contractual, commercial, property, employment and family matters, together with the provisional measures that may be needed while a case is pending.
• Debt recovery and enforcement, including formal debt enforcement proceedings, the pursuit of contested claims, and the attachment or seizure of assets where a debtor may otherwise dispose of them.
• Domestic and international arbitration, acting as counsel in proceedings seated in Switzerland or abroad, and in applications to set aside or to recognise and enforce arbitral awards.
• Enforcement of judgments and awards, both the execution in Switzerland of decisions rendered elsewhere and the steps required to give effect to a Swiss judgment against foreign assets.
• Settlement negotiation, including structured negotiations, mediation and comparable processes, and the drafting of agreements that dispose of a dispute on terms the client can rely on.

How we approach the work

We start with the file as it actually stands: the contracts, the correspondence, the accounts and the conduct of the parties, rather than the account of events each side would prefer. Legal merits are assessed alongside the practical realities — the likely cost of proceedings, the time they will take, the counterparty's ability to pay, and the commercial or personal consequences of pursuing them. Where a claim is without foundation, or the cost of pursuing it would exceed its value, we say so and explain why.

From there we set a strategy and keep it under review. Parties to a dispute are entitled to put their case, but litigation carries obligations of candour, and the manner in which a matter is conducted can affect its outcome and its cost before any tribunal. We prepare accordingly: concise pleadings, evidence that addresses the decisive points, and a procedural timetable that is met. Where a negotiated outcome is the better course, we pursue it without treating negotiation and preparation as alternatives, since a settlement is usually improved by a genuine readiness to proceed.

Who we act for

We act for private individuals, companies, directors and shareholders, and for estates and their representatives, in disputes of modest value and in matters where the sums and the consequences are substantial. Many of these disputes cross a border, whether because a party, an asset or a decision is situated outside Switzerland, which raises questions of jurisdiction, applicable law and enforceability at the outset rather than at the end.

Instructions may concern a single hearing or a single demand letter, but more often they run the course of a dispute, from the first assessment through to the collection of what is due. We are also available to give a second opinion on a matter already in the hands of other counsel, or to advise on the merits of a claim before proceedings are commenced.

Getting in touch

If you are involved in a dispute, or expect one, you are welcome to contact us to discuss the position. Matters of this kind usually benefit from being considered early, particularly where procedural time limits are running or assets may be at risk.

Related practice areas: Banking & Finance · Corporate & Commercial · Private Clients