Nater Dallafior successfully represented a client in post Swissair grounding proceedings
The Swiss Federal Supreme Court had to assess the legality of the setup of the group-wide zero balancing cash-pooling. The court followed our client's reasoning and held that the cash pool was set up diligently and operated by the board of directors and by the management in compliance with the business judgement rule. It further found that the fact that an upstream loan is not or no longer at arm's length does not per se mean that the grant or maintenance of such loan becomes unlawful. Rather, in a financial crisis, it is the interest of each group company that group functions continue to be in existence.
For further information please see the decision of the Swiss Federal Supreme Court 4A_268/2018, dated 18 November 2019
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. ›