International Arbitration – successful representation before Swiss Federal Supreme Court
Upon the initiation of the arbitration proceedings in 2020, the insurer raised the objection of lack of jurisdiction, contesting the validity of the arbitration agreement contained in the insurance policy. The insurer's main argument was that the provisional cover note ("insurance binder" or "binding slip") issued prior to the commencement of the policy year contained a clause stipulating the jurisdiction of state courts. After bifurcation of the question concerning jurisdiction, the tribunal rendered a thorough award on jurisdiction in June 2021 in which it fully upheld the policyholder's position, confirming that the insurance policy overruled the provisional cover note and, thus, confirming the validity of the arbitration agreement as agreed in the insurance policy.
The insurer lodged an appeal with the Swiss Federal Supreme Court. In its decision rendered in January 2022, the Swiss Federal Supreme Court fully dismissed the appeal and confirmed the validity of the arbitration agreement. The full decision of the Swiss Federal Supreme Court (in German) can be accessed here: https://www.bger.ch/ext/eurospider/live/de/php/aza/http/index.php?highlight_docid=aza%3A%2F%2Faza://03-01-2022-4A_460-2021&lang=de&zoom=&type=show_document
The team consists of Roberto Dallafior and Benjamin Schumacher.
Nater Dallafior successfully defends Holmer Maschinenbau GmbH from Germany against a Russian-controlled company seated in Zug (Switzerland) in an international arbitration administered by the Vienna International Arbitration Centre (VIAC) ›
Nater Dallafior successfully defends a public hospital against personal injury claims brought by a former patient. The state court proceedings were introduced in 2011 and included complex expert witness reports on alleged medical malpractice. ›