Litigation

“Top-drawer multi-disciplinary team”

 

Disputes lie at the heart of our firm. Our leading litigation team has an excellent track record defending the interests of successful individuals and companies in all types of high-stakes business or private disputes.

Our litigators are strategic and pragmatic problem-solvers, with particular expertise in crisis management. We anticipate disputes and work with our clients to prevent them. When a dispute arises, we act decisively, diplomatically (and aggressively if necessary) working relentlessly until they are resolved.

With strong roots in Switzerland, we pride ourselves on being international. With lawyers qualified in as many as 15 jurisdictions and as many languages spoken, the unique diversity of our litigation team provides clients with valuable expertise in the handling of disputes involving Switzerland and multiple jurisdictions.

While our expertise is wide ranging, we are not dependent on particular industries and are able to take on major institutions if necessary.

  • Representing the Libyan Investment Authority (LIA), Libyan sovereign wealth fund, in civil mutual legal assistance proceedings in Switzerland regarding the production of bank documents in support of foreign proceedings against inter alia Societé Generale for the recovery of assets in the amount of USD 58 million. The matter raised complex issues of international procedure and sanctions and the firm was successful in appealing a decision refusing to grant mutual legal assistance based on international sanctions against the state
  • Representing a leading Russian industrial group specialising in metal production in civil proceedings in Geneva against a Geneva-based bank for violation of an asset management agreement arising out of misrepresentations and a change in investment policy, in addition to the non-payment of retrocessions received by the bank. The firm recently succeeded in dismissing a procedural objection raised by the banks and has now initiated separate disclosure proceedings which raise complex procedural issues
  • Representing a HNWI and his company against one of the major Swiss banks for wrongful execution of a margin call related to complex OTC structured products related to currencies
  • Representing four Cayman law collective investment schemes, in the context of a civil mismanagement claim against a Swiss custodian bank. The funds had lost most of their value following margin calls, which occurred as a result of excessive leverage used on the accounts
  • Representing the shareholder of a major Russian e-commerce company in complex attachment proceedings in support of a pending LCIA arbitration and other state court and arbitration proceedings abroad. The firm’s role includes advice and coordination of complex multijurisdictional issues and proceedings
  • Representing ultra-high net worth entrepreneurs acting through their family office, against a Geneva-based asset management company in connection with losses incurred due to the mismanagement of funds deposited with a Swiss bank, in particular the non-execution of an order to sell shares in a hedge fund, now bankrupt

International Civil Procedure: Switzerland

André Brunschweiler, Sandrine Giroud, Catherine Anne Kunz, 2017

In: Denis Campbell and Christian Campbell (Ed.), International Civil Procedure, 6th Edition., Juris Publishing Inc., 2017

Mandat de gestion et calcul du dommage : Le Tribunal fédéral rejette l’application d’un portefeuille hypothétique

Nicolas Ollivier, 2017

Centre for Banking and Financial Law (Geneva University), 25 January 2017

Focus on Collective Redress – Switzerland

Sandrine Giroud, Sofian Ghezala, 2016

British Institute of International and Comparative Law, Country Reports, 2016

Attachment of Assets: Switzerland

André Brunschweiler, Sandrine Giroud, Catherine Anne Kunz, 2016

In: Lawrence W. Newman (Ed.), Attachment of Assets, JurisNet LLC, 2016

International Civil Procedure: Switzerland

André Brunschweiler, Sandrine Giroud, Catherine Anne Kunz, 2016

In: Denis Campbell and Christian Campbell (Ed.), International Civil Procedure, 5th Edition., Juris Publishing Inc., 2016

International Civil Procedure: Switzerland

André Brunschweiler, Sandrine Giroud, Catherine Anne Kunz, 2014

In: Denis Campbell and Christian Campbell (Eds.), International Civil Procedure Code, 3rd Ed., Juris Publishing Inc., 2014

Swiss chapters of the Globalaw Litigation Guide – Switzerland

Ani Homberger, 2014

Globalaw Litigation Guide, Switzerland, December 2014

International Civil Fraud: Switzerland

Alexander Troller, Sandrine Giroud, 2014

In: Louis Flannery (Ed.), International Civil Fraud, First ed., 2014, Thomson Reuters (Professional) UK Limited, 2014, pp. 233-242

International Civil Procedure: Switzerland

André Brunschweiler, Sandrine Giroud, Catherine Anne Kunz, 2013

In: Denis Campbell and Christian Campbell (Eds.), International Civil Procedure, 2nd Ed., 2013, Juris Publishing, Inc.,

Attachment of Assets: Switzerland

André Brunschweiler, Sandrine Giroud, Catherine Anne Kunz, 2013

In : Lawrence W. Newman (Ed.), Attachment of Assets, Juris Publishing Inc., 2013

Asset recovery 2013 (Switzerland)

Marc Henzelin, Sandrine Giroud, Héloïse Rordorf, 2013

In: Jonathan Tickner, Sarah Gabriel and Alan Bacarese (Contributing Eds.), Getting the Deal Through - Asset Recovery 2013, pp. 98-105

Einziehung im Unternehmens- und Wirtschaftsstrafrecht

Simone Nadelhofer, 2013

("Asset forfeiture in economic and corporate criminal law")
In: Jürg-Beat Ackermann, Günter Heine (Eds.), Wirtschaftsstrafrecht der Schweiz, Stämpfli Verlag, Berne, 2013, pp. 219-239

Jurisprudence rétrocessions : le TF crée la surprise chez les gérants

Nicolas Ollivier, Frédérique Bensahel, 2012

La Banque Suisse, No 1 January 2012, pp. 44-45

Made in Switzerland : le projet Swissness bat de l’aile

Thomas Widmer, 2012

Le Temps, Economie Forum, 17 October 2012, pp. 16

Commentaire romand du Code de procédure pénale suisse, art. 12-21 CPP

Marc Henzelin, Sonja Maeder Morvant, 2011

In: Kuhn/Jeanneret (Eds.), Code de procédure pénale suisse, Basel, Helbing & Lichtenhahn, 2011, pp. 79-109

International Civil Procedure: Switzerland

André Brunschweiler, Sandrine Giroud, Catherine Anne Kunz, 2011

In: Denis Campbell and Christian Campbell (Eds.), International Civil Procedure, 2nd Ed., 2011, Juris Publishing, Inc.

Quelques aspects de la confiscation selon l'art. 70 al. 2 CP

Simone Nadelhofer, 2009

ZStR 3/2008, pp. 302

Current trends in investment and financing in developing countries and new opportunities for government lawyers

Alexander Troller, 2006

In: UNITAR Best Practices Series, No. 13, 2006

On the involvement of legal practitioners in government services during the negotiation of international loan agreements – a perspective for developing countries

Alexander Troller, 2005

In: UNITAR Best Practices Series, No. 11, 2005

Preparing for the negotiation of international financial transactions from the perspective of State borrowers from developing countries

Alexander Troller, 2005

In: UNITAR (Ed.), A New Approach to Debt Management, 2005

Managing State guarantees in case of default by borrowers from the perspective of developing countries

Alexander Troller, 2005

In: UNITAR Occasional Series for the Central Asian Republics and Azerbaijan, 2005, No. 3

Le rôle du juriste des pays en développement dans l’identification et la négociation de financements syndiqués internationaux

Alexander Troller, 2004

In: UNITAR (Ed.), Programme de formation sur les aspects juridiques de la gestion de la dette, Série pratiqueNo 1, 2004

Lalive provides ‘a heavy-weight contentious offering’, including a ‘specialisation in white-collar crime’.

Legal 500, Switzerland, Dispute resolution: Litigation, 2018

"Top-drawer multi-disciplinary team that benefits from offices in Geneva, Zürich and Doha. Standout expertise in banking, energy, asset recovery and white-collar crime disputes. Advises on litigation but is best known for a focus on arbitration, where it acts for sovereign entities and companies. Additional expertise in high-profile investor-state disputes. Possesses particular knowledge of representing clients from the MENA region." One client praises the team's "dedication, expertise and responsiveness". One client states that LALIVE "were more creative and came up with better ideas than the other firm we worked with."

Chambers Europe, Dispute Resolution, 2017

Lalive is ‘a very good choice’ for litigation, particularly in the areas of financial services and white-collar crime.

Legal 500, Switzerland, Dispute resolution: Litigation, 2017

Lalive is considered ‘a clear market leader’ for international arbitration (...) and is very strong in litigation and contentious banking matters.

Legal 500, Switzerland, French-speaking Switzerland: leading firms, 2017

Dispute resolution specialist Lalive has many ‘outstanding’ international arbitration lawyers and is also strong in litigation.

Legal 500, Switzerland, French-speaking Switzerland: leading firms (Tier 2), 2016

Lalive’s ‘excellent’ practice regularly acts for corporations, states and high-net-worth individuals – often politically exposed persons – in civil and criminal matters.

Legal 500, Switzerland, Dispute resolution: Litigation (Tier 2), 2016

"The firm really is in a league of its own."
"The lawyers are great; they are responsive and efficient."

Chambers Europe, Dispute Resolution, 2015

Within dispute resolution, Lalive is a first tier firm, 'Dispute resolution is what Lalive does best' and its ten partner team is 'large enough to cover the client's needs but does not assign too many lawyers to a project'.

Legal 500, Switzerland, Dispute Resolution 2013, Tier 1

Lalive provides 'excellent advocacy, good strategic planning and perfect structuring of the proceedings'.

Legal 500, Switzerland, Dispute Resolution, 2012, Tier 1

Within Dispute Resolution, Lalive is a first tier firm. The 'well-structured, communicative and organised' group at Lalive includes dedicated arbitration and litigation teams.

Legal 500, Switzerland, Dispute Resolution, 2011

Two 'excellent' names from Lalive feature in this chapter. The 'superb' Marc Henzelin receives recognition for his 'professional manner' and 'depth of expertise'. He is joined by Alexander Troller, a 'true expert'.

Who's Who Legal, Switzerland, Asset Recovery, 2013