Deals & Cases

Victories both in arbitration proceedings and before the Swiss Federal Supreme Court

20. September 2022 – Walder Wyss successfully represented a Swiss high-tech company both in arbitration proceedings (seated in Geneva and adjudicated under the WIPO Arbitration Rules) and before the Swiss Federal Supreme Court.

Walder Wyss fended off a multi-million Euro claim brought against our client by contesting the arbitral tribunal’s jurisdiction. The dispute revolved around the question as to whether the arbitration clause could be extended to a non-signatory (our client) under Swiss or French law. The arbitral tribunal sided with our client and declared in its award that it lacked jurisdiction both under Swiss and French law. Our client was also compensated for all legal fees it had incurred. In its decision dated 18 July 2022, the Swiss Federal Supreme Court fully dismissed the claimant’s challenge against the award and our client was again compensated for all its legal fees.

The Walder Wyss team included Michael Feit (Partner, Litigation & Arbitration) and Francesca Borio (Associate, Litigation & Arbitration).