Michael Cartier
Dr. iur., ACIArb, Attorney at Law

Michael Cartier Michael Cartier Michael Cartier Michael Cartier


Michael Cartier is managing associate at Walder Wyss. He represents parties in international arbitrations under all major institutional rules and in ad-hoc proceedings, before state courts and in enforcement and legal assistance matters. He is listed as an expert for arbitration in Who's Who Legal 2016. He also acts as arbitrator and is listed on the panel of arbitrators of the ICC National Committee (Switzerland). The focus of his work is on construction disputes and international commercial law. He also advises clients in white-collar criminal law matters and corporate investigations. He is an officer of the Inter-Pacific Bar Association (IPBA).

Born in 1978, Michael Cartier attended St. Gall University (lic. iur. HSG 2001, Dr. iur. 2007). During his studies he spent a year in Japan studying Japanese and working for a Japanese trading company. He clerked at the District Court of Ober-/Neutoggenburg (Canton St. Gall) and the Department of Building and Environment of the Canton Appenzell Ausserrhoden, and has been practicing law in Zurich since 2004.

Michael Cartier’s professional languages are English and German. He also speaks French and some Japanese. He is registered with the Zurich Bar Registry and admitted to practice in all Switzerland.

Contact
Michael Cartier
Direct phone: +41 58 658 55 09


Walder Wyss Ltd.
Seefeldstrasse 123
P.O. Box
8034 Zurich
Switzerland
Phone +41 58 658 58 58
Fax +41 58 658 59 59
vCard


Practice Areas


 
 
 
 
 
 

Michael Cartier Michael Cartier Michael Cartier Michael Cartier

Michael Cartier
Dr. iur., ACIArb, Attorney at Law

Michael Cartier is managing associate at Walder Wyss. He represents parties in international arbitrations under all major institutional rules and in ad-hoc proceedings, before state courts and in enforcement and legal assistance matters. He is listed as an expert for arbitration in Who's Who Legal 2016. He also acts as arbitrator and is listed on the panel of arbitrators of the ICC National Committee (Switzerland). The focus of his work is on construction disputes and international commercial law. He also advises clients in white-collar criminal law matters and corporate investigations. He is an officer of the Inter-Pacific Bar Association (IPBA).

Born in 1978, Michael Cartier attended St. Gall University (lic. iur. HSG 2001, Dr. iur. 2007). During his studies he spent a year in Japan studying Japanese and working for a Japanese trading company. He clerked at the District Court of Ober-/Neutoggenburg (Canton St. Gall) and the Department of Building and Environment of the Canton Appenzell Ausserrhoden, and has been practicing law in Zurich since 2004.

Michael Cartier’s professional languages are English and German. He also speaks French and some Japanese. He is registered with the Zurich Bar Registry and admitted to practice in all Switzerland.

 
 
 
 
 
 

Michael Cartier
Direct phone: +41 58 658 55 09

Walder Wyss Ltd.
Seefeldstrasse 123
P.O. Box
8034 Zurich
Switzerland
Phone +41 58 658 58 58
Fax +41 58 658 59 59


vCard

Practice Areas Publications

The Use of Illegally Obtained Evidence in Arbitration Proceedings

Speaker: Michael Cartier
Kuala Lumpur, Malaysia 15 April 2016



Big Data – Legal Challenges and Commercial Opportunities

Presenter: Michael Cartier
Hong Kong 8 May 2015




Commentary on Article 193 PILS

by Michael Cartier
in: Manuel Arroyo (Editor[s]), "Arbitration in Switzerland – The Practitioner’s Guide"
The Hague 2013


Commentary on Article 29 Swiss Rules

by Michael Cartier
in: Manuel Arroyo (Editor[s]), "Arbitration in Switzerland – The Practitioner’s Guide"
The Hague 2013


Commentary on Article 194 PILS

co-authored by Micha Bühler and Michael Cartier
in: Manuel Arroyo (Editor[s]), "Arbitration in Switzerland – The Practitioner’s Guide"
The Hague 2013


IPBA Regional Conference: Bridging Cultures in Arbitration – A Special Focus on Asia and Europe

Co-Organizer & Host: Michael Cartier
Inter-Pacific Bar Association
Zurich 28 October 2013


IP/IT Challenges in the Regulatory Landscape Panel discussion on the developments and challenges on data protection and privacy, in respect to mobile communications and internet services.

Moderator: Michael Cartier
Inter-Pacific Bar Association 23rd Annual Meeting & Conference
Seoul, Korea 20 April 2013



Recognition and Enforcement of Awards

co-authored by Micha Bühler and Michael Cartier
in: Manuel Arroyo (Editor[s]), "Arbitration in Switzerland – The Practitioner’s Guide"
The Hague 2013



E-Discovery and Data Privacy – Chapter on Switzerland

co-authored by Jürg Schneider, Ueli Sommer and Michael Cartier
in: Catrien Noorda/Stefan Hanloser (Editor[s]), "E-Discovery and Data Privacy – A Practical Guide"
The Netherlands 2011, pp. 277–294



Confidentiality in International Arbitration: Myth or Reality

Speaker: Michael Cartier
Groupe ASA des Jeunes Practiciens de l'Arbitrage (ASA below 40)
Geneva October 2008


Begriff der Widerrechtlichkeit nach Art. 41 OR(The Concept of Wrongfulness according to Art. 41 Swiss Code of Obligations)

by Michael Cartier
Eschen FL 2007


Deals and Cases

Dispute regarding Waste Oil Recovery System

Walder Wyss arbitration team members, Daniel R. Wyss and Michael Cartier, acted for respondent/counterclaimant before an ICC arbitral tribunal defending claims in connection with a waste oil recovery project in the Middle East.

Walder Wyss obtained a bifurcation of the arbitration proceedings with respect to statute of limitation and forfeiture issues. The case was settled thereafter.


Ad hoc Arbitral Award re Force Majeure in Syria

Walder Wyss arbitration team members, Daniel R. Wyss and Michael Cartier, acted for claimant, i.e. the supplier, before an ad hoc (UNCITRAL) arbitral tribunal claiming payment for parts supplied for a power plant project near Damascus, Syria, and obtained a full win.

The dispute concerned the effect of the Syrian civil war on a supply contract, and whether respondent, i.e. the purchaser, could invoke force majeure to suspend its payment obligations since work on site had been interrupted.

The arbitral tribunal rejected any force majeure effect on the purchaser’s payment obligations since payment was not predicated on any work to be done on site, and awarded claimant payment in full.


Post-M&A Dispute regarding a Mining Operation

Walder Wyss arbitration team members, Marc Veit and Michael Cartier, successfully represented respondent/counterclaimant, i.e. the seller, before an ICC arbitral tribunal regarding claims in connection with the purchase of a mining operation in South America.

The dispute concerned the interruption of the mining operations due to government intervention. The arbitral tribunal dismissed claimant’s damages claims in full while awarding respondent certain adjustments to the purchase price.


Arbitral Tribunal rules that insurance company lacks standing to sue in light of subrogation waiver clause

Walder Wyss arbitration team members Daniel R. Wyss and Michael Cartier, representing Respondent, successfully obtained an ICC Final Award concluding that Claimant, an insurance company, lacked any standing to sue and dismissing its claim with prejudice.  Respondent (domiciled in Germany) had delivered equipment to an associated company (domiciled in Canada) under a purchase agreement containing an ICC arbitration clause. An explosion occurred at the premises of the Canadian company, and the equipment in question was destroyed.  Claimant compensated the Canadian company under its insurance policy and then sought to recoup that payment on the basis of an (alleged) subrogation.

Claimant invoked subrogation under the insurance policy both with respect to jurisdiction and its standing to sue. However, the insurance policy contained a waiver clause, which denied any subrogation with respect to claims against companies associated with the insured, inter alia  to avoid the transfer of (insured) losses between group companies. It was in dispute whether this clause applied to the specific circumstances of the case (complex holding structure, multiple insured parties, claims arising from contractual deliveries). Applying the theory of double-pertinent facts (“doppelrelevante Tatsache”), the Arbitral Tribunal  found that while Claimant had, at the jurisdiction stage of the proceedings, coherently asserted subrogation for jurisdictional purposes,  at the merits stage it ultimately failed to show any valid subrogation as a result of the subrogation waiver clause. As a result, the Arbitral Tribunal found that while it had jurisdiction over the dispute, Claimant’s claim ultimately failed due to the lack of any standing to sue.


Federal Supreme Court facilitates the recognition and enforcement of English language arbitral awards in Switzerland

An award debtor attempted to thwart the recognition and enforcement of an English arbitral award asserting that Art. IV para. 2 New York Convention required a mandatory (certified) translation of the whole arbitral award (160 pages).

By decision of 2 July 2012 (5A_754/2011) the Supreme Court decided the issue for the first time. It found that „in today’s cir­cum­stances one may assume that courts will generally not be in need of a translation in the case of English arbitral awards and that the purpose of Art. IV para. 2 NYC can be achieved regardless [of a translation]“. This judgment significantly impro­ves the position of award creditors in Switzerland, since the time and cost of full (certified) translations of sometimes extensive awards may be dispensed with.

With this landmark decision the Supreme Court continues its flexible, pragmatic and non-formalistic interpretation of the New York Convention and reinforces Switzerland’s repu­tation as an arbitration-friendly forum, particularly in enforcement matters.

The award creditor has been represented before all instances by both Peter Straub and Michael Cartier.


Curriculum Vitae PDF