Litigation

Areas of practice > 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 it is resolved.

With strong roots in Switzerland, we pride ourselves on being international. With lawyers qualified in as many as 13 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

Wer herausgibt was wem woraus? A few thoughts on the case 4A_88/2019 and the Agency without Authority.

Grégoire Geissbühler, 2020

Digitaler Rechtsprechungs-Kommentar / Commentaire de Jurisprudence Numérique (dRSK / CJN),
11 February 2020

Le droit des obligations – Vol. 1 : Partie générale

Grégoire Geissbühler, 2020

Schulthess, Geneva, Zurich, Basel, 2020

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

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

'Top international firm' LALIVE is 'very client-oriented, prompt and precise, having a tight grip on the issues involved and offering forward-thinking solutions'. Covering civil and criminal litigation, the ten-partner team focuses especially on commercial, private client, banking and white-collar crime disputes, while also engaging in contentious matters from the employment, real estate and intellectual property fields.

Legal 500, Litigation, 2019

LALIVE has built an outstanding reputation and market position for handling top-flight contentious work, both in litigation or arbitration. It has been active in high-profile matters involving bribery and corruption, both for corporates on self-reporting issues and on independent reviews. It is unusual in the top end of the Swiss market for having built a litigation practice for both corporate and high-net-worth individuals acting against banks.

The Lawyer, 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

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