International Commercial Arbitration

Areas of practice > International Commercial Arbitration

“In a league of its own”

LALIVE is a global leader in the field of international commercial arbitration.

Our arbitration team is composed of highly talented international disputes lawyers qualified in Switzerland and 15 other jurisdictions, with strong academic backgrounds and who together speak more than 16 languages and are able to handle proceedings involving a broad range of substantive laws, arbitration laws and arbitration rules all around the world. This diversity and international reach are the key components of the firm’s DNA as a disputes powerhouse.

We advise on complex high and mid value disputes under all of the main international arbitration rules in a variety of sectors around the world and are proud to be consistently ranked among the leading arbitration practices worldwide. Please see further information on our rankings in arbitration.

Our team combines outstanding legal and problem-solving skills with in-depth industry knowledge and excellent advocacy. Many of our lawyers routinely act both as counsel and arbitrator in arbitral proceedings, which allows them to provide clients with a stronger strategic and balanced view of their case. They are recognised as leading figures in the field and hold key positions in international organisations and institutions. Please see further information on key positions held.

As counsel

  • Representing an ultra-high net worth individual from the MENA region in a USD 3.1 billion dispute conducted under the ICC Rules of Arbitration regarding the dissolution of a partnership and the division of jointly-held assets (seat: Geneva; applicable law of MENA country; language: English)
  • Representing a State-owned Southern European company in several gas pricing arbitrations, including a recent USD 800 million ad hoc gas pricing arbitration arising under a long-term contract with an Eastern European State-owned energy company (seat: Stockholm; applicable law: Swedish and Swiss; language: English)
  • Representing a State-owned telecommunications company from a South American country in a CIAC arbitration and parallel competition infringement proceedings concerning a joint venture for the development of transnational fibre optic connections in South America (seat and law of South American State; language: Spanish)
  • Representing a Swiss energy trading company in a USD 105 million UNCITRAL arbitration with a Romanian energy producer regarding the breach of energy supply agreements (seat: Bern; applicable law: Swiss; language: English)
  • Representing an instrumentality of a Middle Eastern State in a USD 270 million arbitration conducted under the ICC Rules of Arbitration with a European and Middle Eastern joint venture concerning a major transport infrastructure project (seat and law of Middle Eastern State; language: English)
  • Representing a major consumer goods multinational, in a USD 55 million arbitration conducted under the Swiss Rules against a contractor concerning defects in the construction of an office building (seat: Geneva; applicable law: Swiss; language: French).

As arbitrator

  • Presiding arbitrator in a USD 1.6 billion dispute conducted under the ICC Rules of Arbitration relating to the contractual determination of the price of natural gas (seat: Stockholm; applicable law: Swedish)
  • Presiding arbitrator in a USD 1.1 billion dispute conducted under the ICC Rules of Arbitration arising out of a contract for the engineering, procurement and construction of a gas complex in Algeria (seat: Paris; applicable law: Algerian)
  • Presiding arbitrator in a USD 278 million LCIA arbitration between an energy company and an individual arising from a representation agreement in respect of opportunities in the oil and gas sector in an African country (seat: London; applicable law: English)
  • Co-arbitrator in a USD 1.9 billion multiparty dispute conducted under the ICC Rules of Arbitration arising out of alleged breaches of an agreement for the construction of a major facility in the energy sector (seat: Stockholm; applicable law: Finnish)
  • Co-arbitrator in a KCAB (Rules of the Korean Commercial Arbitration Board) arbitration concerning mobile technology (seat: Seoul; applicable law: Korean and German)
  • Sole Arbitrator in an arbitration under the CEPANI Rules concerning a dispute relating to the development of tourism facilities in the Caribbean (seat: Brussels; applicable law: Belgian)
  • Co-arbitrator in proceedings under the DIAC Rules of International Arbitration concerning a USD 650 million arbitration relating to works at Dubai International Airport (seat: Dubai; applicable law: Dubai)
  • Sole Arbitrator in a Swiss Rules arbitration between a Western European producer of agricultural products and an Eastern European trading company concerning the sale of grains (seat: Zurich; applicable law: English)

 

Non-pecuniary remedies in international arbitration

Michael E. Schneider, Joachim Knoll, 2020

LexisNexis, April 2020
For more information, please see the LexisNexis website.

Africa Overview

Augustin Barrier, 2015

The International Arbitration Review, ed. 2015 (co-auth.)

Evidence in gas pricing arbitration

Noradèle Radjai, Augustin Barrier, 2020

In: Gas and LNG Price Arbitrations, A Practical Handbook, second edition. 2020, p. 171-185

Mediation – Switzerland

Domitille Baizeau, Catherine Anne Kunz, 2012

In: Renate Dendorfer-Ditges (Contributing Ed.), Getting the Deal Through - Mediation 2013, Law Business Research Ltd, London, 2012, pp. 93-99

Mediation – Switzerland

Domitille Baizeau, Catherine Anne Kunz, 2013

In: Renate Dendorfer-Ditges (Ed.), Getting the Deal Through - Mediation 2014, Law Business Research Ltd, London, 2013, pp. 100-106

Waiver of Right to Challenge an International Arbitral Award Is Not Incompatible with ECHR: Tabbane v Switzerland

Catherine Anne Kunz, 2016

European International Arbitration Review, 2016, Vol. 5, No. 1, pp. 125-132

Fact or Fiction? How to Deal with Allegations of Simulation. Case Note on Swiss Supreme Court Decision of 1 October 2018, 4A_550/2017

Catherine Anne Kunz, 2018

Swiss Arbitration Association (ASA) Bulletin, Vol. 37, No. 1, 2019, pp. 111-116

The Defence of Illegality: Does Crime Ever Pay?

Eleanor SCOGINGS, Philip Clifford QC, Robert Price 2016

Practical Law

Arbitrator Challenges: The Long View

Eleanor SCOGINGS, Philip Clifford QC, Hanna Roos 2018

The New Law Journal

Procedural Issues chapter

Eleanor SCOGINGS, Sophie Lamb QC, Samuel Pape, Laila Hamzi 2018

The Guide to Damages in International Arbitration Book, 3rd Edition

LALIVE is 'one of the most effective law firms in Switzerland' and its sizeable team 'works very hard trying to produce the best results for its clients' and 'collaborates well in other jurisdictions'.

Legal 500, Arbitration,2019

Clients appreciate the team's "deep bench of talent and highly qualified people, which means there is always someone there to jump on to something” and report that the team is "very client-oriented, prompt and at the same time, precise."

Chambers Europe, Dispute Resolution, 2019

Acclaimed group of international arbitration experts headquartered in Geneva that expanded its European footprint with the opening of a London office in 2018. Operates a well-regarded investor-state and commercial arbitration practice, with particular expertise in the energy, construction, telecoms and mining sectors. Offers expert guidance to governments, state-owned entities, multinationals and high net worth individuals. Highly rated for its handling of significant disputes in the Middle East, Europe, Asia and South America.

Chambers Global, Arbitration (International), Global-wide, 2019

Outstanding Swiss firm operating out of Geneva and Zürich with the experience and diversity to compete on a pan-European level. Noted for its prowess in large-scale BIT, investor-state and commercial arbitrations on behalf of states, state-owned companies, private companies and some high net worth individuals. Particularly active in the energy, construction and telecoms sectors, with a strong caseload of ICC and Swiss Rules arbitrations relating to disputes between European and Middle Eastern or North African parties. Well reputed for the numerous prominent arbitrators within its ranks. Expanded its network with the opening of an office in London in September 2018 offering international commercial and investment treaty arbitration expertise.

Chambers Global, Europe-wide, Arbitration (International), 2019

A client describes Lalive as “impeccable” – praising the “work and cohesion” among team members as a unique selling point over other firms.

GAR 30, 2018

Lalive ‘meets international best standards in commercial arbitration’ and impresses with ‘outstanding case management, attention to detail and engagement for the benefit of the client’.

Legal 500, Switzerland, Dispute resolution: Arbitration, 2018

Acclaimed group of international arbitration experts headquartered in Geneva. Operates a well-regarded investor-state and commercial arbitration practice, with particular expertise in the energy, construction, telecoms and mining sectors. Highly rated for its handling of significant disputes in the Middle East, Europe, Asia and South America. One interviewee was particularly impressed by "the phenomenal amount of work they do" and reported: "They leave no stone unturned and miss nothing, it is quite phenomenal. They're also extremely conscientious about keeping you in the loop. They forge a personal connection with you, which is very reassuring." Sources appreciate the team's efficiency, noting: "Their performance has been extraordinary. They were able to analyse a complex case within a short timeframe, and they had the skills to communicate in the different languages required for our case."

Chambers Global, Global-wide, Arbitration, 2018

Outstanding Swiss firm operating out of Geneva and Zürich with the experience and diversity to compete on a pan-European level. Noted for its prowess in large-scale BIT, investor-state and commercial arbitrations on behalf of states, state-owned companies, private companies and some high net worth individuals. (...) Well reputed for the numerous prominent arbitrators within its ranks. Clients appreciate that the lawyers "look at alternative strategies and objectively challenge them," noting: "They take the time to understand the case and they listen in order to develop an effective strategy.""They are well connected to other jurisdictions and are ready to provide expertise in terms of local firms that they can vouch for".

Chambers Global, Europe-wide, Arbitration, 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 clear market leader’ when it comes to international commercial and investment arbitration.

Legal 500, Switzerland, Dispute resolution: Arbitration, 2017

Outstanding Swiss firm operating out of Geneva and Zürich with the experience and diversity to compete on a pan-European level, acting on disputes throughout the continent. Noted for its prowess in large-scale BIT, investor-state and commercial arbitrations on behalf of sovereign entities, governments and state-owned companies, as well as multinational clients. Particularly active in the energy, construction and telecoms sectors, with an increasing presence in finance and post-M&A disputes. Widely recognised and praised for the numerous prominent arbitrators within its ranks. Commentators describe Lalive as "a high-quality firm in European international arbitration," "a class outfit with a reach that goes beyond Switzerland." One client states: "I was blown away," adding: "It seemed like an exceptional level of commitment." The client goes on to say of the lawyers: "They are creative, smart and everybody makes a contribution."

Chambers Global, Arbitration (International) Europe-wide (Band 2), 2017

Switzerland-based arbitration boutique that operates internationally on high profile cases. Experienced handling disputes in a variety of industry sectors, such as life sciences, hospitality, energy and construction. Regularly acts for states in investor-state disputes. Clients note the team's "exceptional level of commitment."

Chambers Global, Arbitration (International) Global-wide (Band 4), 2017

“Response times were always excellent, business acumen beyond doubt and industry knowledge is outstanding.” The fact that the partners involved were themselves experienced arbitrators “added enormously to the competence of the team they put together.” (...) A client praises the “excellent” performance of the firm, in particular the “timeliness, clarity and quality” of its written submissions. “They are very thorough in the approach, covering all aspects of the matter, not just legal. Lalive is able to provide the complete package“.

GAR, 2016

"Outstanding Swiss firm with the experience and diversity to compete on a pan-European level. Operates out of Geneva and Zürich, handling large-scale BIT and commercial arbitrations on behalf of states and multinational clients. Particularly active in the energy, construction and telecoms sectors and, increasingly, in finance and post-M&A corporate disputes. Widely recognised for the numerous prominent arbitrators within its ranks.

Chambers Global, Arbitration (International) Europe-wide (Band 2), 2016

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 is ‘in a league of its own’ regarding international arbitration and the ‘strength in depth of its first-class team is outstanding’.

Legal 500, Switzerland, Dispute resolution: arbitration (Tier 1), 2016

The firm is seen as “a world leader” in international commercial arbitration and, in this regard, it is “virtually unmatched” in the skill and depth of its practitioners. The firm boasts some of the country’s very best counsel and arbitrators, who are experienced in a range of international commercial arbitrations.

Who's Who Legal, Switzerland, 2016

Lalive is “home to some of the best in the business”, (…) “it is difficult to think of many firms with more strength in depth”.

Who’s Who Legal: Arbitration, 2016

1st non-global firm, 10th worldwide

GAR, 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

"Everyone I have come across from the firm is fantastic."
"It's our main competitor; we hold the firm in very high regard."

Chambers Europe, Arbitration (International), 2015

Lalive is ‘outstanding in the field of international arbitration’.

Legal 500, Switzerland, Dispute Resolution, 2015

International law firm based in Geneva and Zürich with an arbitration practice to rival many of its bigger competitors. Internationally oriented lawyers are qualified in several jurisdictions and represent clients in high-value investor-state and commercial arbitrations.

Chambers Global, Arbitration (International) (Band 2), Europe-wide, 2015

Punches above its weight for cross-border arbitration, with bases in Geneva and Zürich and an associate office in Doha. Handles both investment and commercial disputes, with particular expertise in the energy, TMT and life sciences sectors.
"A strong and diverse practice across investment treaty and commercial arbitration."

Chambers Global, Arbitration (International) (Band 5), Global-wide, 2015

What the team is known for Swiss team revered arbitration expertise stretching across all continents and industry sectors, including arbitrator appointments. Presence in the Middle-Eastern bolstered by an associated office in Qatar.

Chambers Global, Arbitration (International), 2014

The deepest international arbitration bench in Switzerland. The firm is a really credible investment.

Chambers Europe, Switzerland, Dispute Resolution, 2014

The firm's name - and huge reputation in the field - has everything to do with Pierre Lalive, who was described (..) as 'the grand old man of Swiss arbitration'. (...)Nowadays, the firmcontinues to rule the roost in Switzerland, with arguably the largest team of full-time arbitration specialists of any Swiss firm.

Global Arbitration Review - GAR30, 2013, 1st non-global firm, ranked 16th worldwide

The group is one of the most experienced offerings in the European market and remains a go-to outfit for highly complex and politicised disputes. (...) Sources say: "Fantastic lawyers; the transparency and timing of work was outstanding.

Chambers Global, Arbitration, Switzerland, 2013, Band 1, 1st non-global firm, top 20 worldwide

Sources say: ‘The partners are always accessible and they respond promptly. The firm is committed and consistently gives sterling performance’.

Chambers Global, Arbitration (International), 2012, Band 1, 8 key individuals

Lalive's strong track record in arbitration, and large, dedicated team make it a hugely popular and successful force in international arbitration. Sources say: 'Lalive is one of the most distinguished names in international arbitration. It is excellent'.

Chambers Europe, Dispute Resolution, 2013, Band 1, Leading Swiss Firm, top 15 in Europe

The firm has a strong pedigree in international arbitration, and punches above its weight in the global market

Chambers Europe, General Business Law: Geneva, 2013

Lalive's 'outstanding' dispute resolution group comprises dedicated arbitration and litigation teams. The eight-partner arbitration team is 'the best of the best' and adopts a 'team-oriented' approach."

Legal 500 EMEA, Switzerland, Dispute Resolution, 2010, Tier 1

International Who’s Who of Commercial Arbitration 2014, 1st non-global firm, 6th worldwide, 15 lawyers

Lalive is recognised both at home and abroad for the quality of its lawyers, and has offices in Geneva and Zurich as well as in Qatar. Ten specialists are recognised in our research, more than any other firm in Switzerland.

Who's Who Legal, Switzerland, Arbitration 2013, leading Swiss firm, 15 lawyers

Within Dispute Resolution, Lalive is a first tier firm. The 'well-structured, communicative and organised' group at Lalive includes dedicated arbitration and litigation teams. Lalive is 'the best arbitration boutique in Switzerland' and the 13-partner team advises a range of public sector clients, states and international organisations.

Who's Who Legal, Switzerland, Arbitration, 2011