GAR 100 - 11th Edition

Pestalozzi

Professional notice

Instructed by Turkmenistan for a €1.5 billion gas dispute

People in Future Leaders3
Pending cases as counsel28
Value of pending counsel workUS$4.5 billion+
Treaty cases1
Current arbitrator appointments14 (of which 8 are as sole or chair)
Lawyers sitting as arbitrator6

Though the firm dates back 100 years, Pestalozzi’s arbitration practice was established just over 25 years ago, flourishing under the care of respected arbitrator Pierre Karrer.

He left the firm some years ago to establish his own boutique but the team has continued to boast one of the largest arbitration practices in Switzerland, with as many as 30 lawyers in the practice. It has offices in Zurich and Geneva.

Several members of the team sit regularly as arbitrators, particularly Laurent Killias, Thomas Rohner and Michael Kramer, the Zurich-based chair of the firm and a leading figure in the team. Kramer is a member of the Arbitration Court of the Swiss Chambers’ Arbitration Institute, while Killias is part of the arbitration committee at ICC Switzerland.

Another name to know is Christophe Emonet, the Geneva-based head of litigation and arbitration.

In 2015, two other partners joined in Geneva from Python & Peter: Thomas Legler and Beat Mumenthaler.

Who uses it?

The firm has a long-standing relationship with Glencore, which often uses it for disputes work. Other clients include Johnson & Johnson, insurer Swiss Life, retail group Coop Cooperative, German engineering group Bosch, as well as various Swiss and international financial institutions.

It has also paired with White & Case to defend Thailand-based latex glove producer Siam Sempermed in a Swiss arbitration brought by one of its shareholders, Austria’s Semperit.

Track record

The firm has acted for the claimant in one of the largest cases before the Swiss Chambers Arbitration Institute, worth more than US$1.5 billion. As part of that dispute, it won a rare set-aside decision from the Swiss Federal Supreme Court.

It has obtained annulments in another case, which marked the first time the Swiss court has set aside two awards in the same dispute. One award was annulled in 2014 and the other in 2016, after the court found the arbitrators had ignored its guidance and merely affirmed their earlier findings.

In another Swiss court action, it helped a unit of Bosch successfully defend an ICC award in a dispute with Italian engineering firm Piacentini over liability for a ship-lift accident at the port of Livorno.

Recent events

Turkmenistan’s national gas company Türkmengaz retained the firm as co-counsel alongside Curtis Mallet-Prevost Colt & Mosle for an ICC arbitration against the National Iranian Gas Company. The dispute concerns an alleged €1.54 billion debt for gas deliveries from Turkmenistan to Iran.

Michèle Burnier was promoted to partner in Geneva.

Client comment

Elliot Friedman of Freshfields Bruckhaus Deringer used the firm as co-counsel in a pharmaceuticals dispute worth hundreds of millions, in which the client prevailed. He says Pestalozzi was “responsive, commercial and provided very clear and concise advice”.

He notes that Laurent Killias was a “low key but very effective communicator and advocate” and describes Matthias Wiget as being “highly responsive and analytical.”

The in-house counsel of a pharmaceutical company of whom the firm represented says that Pestalozzi’s “performance was spotless and of the highest quality.” He commends the performance of Thomas Rohner, who is a “skilled arbitration lawyer.”

 

Pestalozzi supports its international and domestic clients from its offices in Zurich and Geneva regarding all aspects of Swiss law. With the extensive experience and the strong commitment of its staff, the firm helps its clients achieve their goals quickly and efficiently. Pestalozzi’s roots go back to 1911; of the major Swiss law firms, Pestalozzi has the longest tradition.

Pestalozzi's Litigation & Arbitration practice group offers a full range of dispute resolution services for all businesses and industries and covers all aspects of litigation, arbitration, and mediation.

The Litigation & Arbitration practice group has a long-standing reputation for excellence in advising and representing clients in complex national and international commercial disputes before state courts and arbitral tribunals. In addition to acting in commercial disputes, the Litigation & Arbitration practice group is well known for its expertise in insolvency matters, asset tracing, and international judicial assistance in civil and criminal matters as well as matters involving white-collar crimes. The large size of the Litigation & Arbitration practice group and the profound expertise of its individual members allow the firm to provide each of its clients the best team for its needs.

Members of the group also frequently serve as arbitrators and mediators in ad hoc and institutional arbitrations. Further, they regularly lecture on dispute resolution issues before practitioners and academics and publish in their areas of expertise.  

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