2022-2-22
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.
2023-8-25
International Arbitration – successful representation of commodity trader ›
2023-6-1
Successful criminal defence leads to landmark decision of Swiss Federal Supreme Court ›
2023-1-20
Asset recovery case – successful revocation of bankruptcy and claw-back actions ›
2022-10-25
Insolvency law case – successful representation of foreign administrator ›
2022-9-5
Banking litigation – successful ex parte injunction against PostFinance ›
2022-6-8
Cryptocurrency related Arbitration ›
2022-5-25
Nater Dallafior successfully represented a client in an important trademark litigation ›
2022-3-21
Construction and insolvency law case ›
2022-2-23
Private client dispute – successful claim against PostFinance ›
2022-2-22
International Arbitration – successful representation before Swiss Federal Supreme Court
2021-12-7
Media law case – successful representation of Swiss media group ›
2021-11-29
COVID-19 – business interruption insurance ›
2021-10-1
Insurance dispute - successful representation of policyholder ›
2021-8-24
Insurance Arbitration – successful representation of policyholder ›
2020-11-30
ICC arbitration – successful representation of claimant in joint venture dispute ›
2020-9-3
Nater Dallafior wins leading cases in international administrative assistance ›
2020-6-16
Nater Dallafior successfully represented a client against M.M. Warburg Bank ›
2020-1-8
Nater Dallafior successfully represented a client in post Swissair grounding proceedings ›
2019-12-9
Nater Dallafior successfully represented a client in officers' liability proceedings ›
2019-4-23
Successful lifting of the account freeze ›
2019-1-10
Carried interest pool ›
2018-6-21
Federal Administrative Court lifts work ban ›
2017-12-15
Nater Dallafior successfully advises Kuwait in controversy with FIFA over worldwide ban ›
2017-5-8
Nater Dallafior achieves landmark decision on FINMA Watch List ›
2015-8-1
Nater Dallafior successfully represents a global IT company in public tender proceedings ›