(The following information was supplied by the firm)
Schellenberg Wittmer is one of the leading Swiss business law firms. Over 150 lawyers in Zurich, Geneva and Singapore advise domestic and international clients on all aspects of business law. The firm offers a comprehensive range of services from focused advice to project management, for local or foreign companies and high net worth individuals. Schellenberg Wittmer’s Singapore office covers key jurisdictions and markets in the Asia- Pacific region, assisting clients in both inbound and outbound investments as well as in international arbitration.
Main Areas of Practice:
Dispute Resolution & International Arbitration:
Advising in all aspects of commercial litigation and arbitration, including full representation in proceedings, pre-litigation case assessment and ADR solutions, provisional and interim measures, asset tracing, as well as enforcement of arbitral awards and court judgments. Members of the group frequently sit as arbitrator.
Banking & Finance:
Advising Swiss and foreign banks, borrowers, insurance companies, fund managers and other financial institutions on the full range of legal and regulatory matters, from syndicated lending and acquisition finance to OTC transactions, structured products and prudential rules.
As authorised representatives at the six Swiss Exchange, working with domestic and foreign issuers on all aspects of Swiss equity and debt capital markets transactions, including IPOs, rights offerings, convertibles, share buy-backs, derivatives programs, bond and note issues and public tender offers.
Corporate & Commercial:
Assisting companies in all corporate and commercial matters including the establishment of businesses and corporate governance; assisting clients in drafting/ negotiating all contracts related to their businesses.
Mergers & Acquisitions, Private Equity & Venture Capital:
Advising on public takeovers, private mergers and acquisitions, joint ventures, spin-offs and restructurings, assisting with seed/expansion capital, management buy-outs/buy-ins, pre-IPO investments and various aspects of asset management for private equity and venture capital.
Assisting in all employment-related matters, i.e. employment documentation, labour litigation, residence and labour permits, employee participation schemes, severance packages, etc.
Advising companies and individuals on Swiss tax law, including double taxation treaties and VAT, acting as counsel in tax litigation, as well as extensive experience in tax enforcement matters.
Private Clients & Estates:
Working with individuals and families in the global planning and structuring of their private and business assets to ensure an efficient wealth structure and enable a smooth succession from one generation to the next; representing clients in estate and trust disputes.
Restructuring & Insolvency:
Assisting creditors and companies in restructuring, bankruptcy and reorganisation proceedings as well as complex insolvency matters; serving as court or FINMA-appointed trustees, liquidators and receivers.
Trade & Transport:
Providing support in all aspects of trade and transport, including sales and import/export contracts, trade finance, marine/cargo insurance, maritime/aviation/ land transportation and ship/aircraft finance.
Real Estate & Construction:
Assisting on all issues relating to real estate and environment, including finding the best financing and investment structure, negotiating/drafting contracts to lease, purchase or sell Swiss real estate, planning/developing construction projects, contract management.
Representation in insurance and reinsurance-related litigation and arbitration; advising on all aspects of insurance law, including the establishment, relocation, conduct and run-off of (re-)insurance relating to activities in and from Switzerland and regulatory issues.
Intellectual Property & IT:
Advising on all areas of intellectual property, including drafting/negotiating agreements and representing clients in litigation and arbitration; assisting in structuring/negotiating IT projects and in drafting all related contracts.
Competition & Antitrust:
Advising comprehensively on merger control and the impact of Swiss and EU competition law on client commercial practices and agreements; representing clients in administrative proceedings brought by the Swiss Competition Commission.
White-Collar Crime & Compliance:
Representing companies or officers unwillingly involved in criminal investigations and proceedings; leading large scale internal investigations; advice regarding international assistance between foreign and domestic law enforcement authorities and all aspects of compliance.
Sports, Arts & Entertainment:
Advising collectors, museums, auction houses, galleries, artists, insurers, etc. in all matters relating to art works or entire collections, including sale, loan and consignment, import/export, copyrights, insurance as well as litigation; advising sports organisations, athletes and sponsors as well as media companies in all matters related to their businesses. The firm also represents clients both in prosecution and defence, in high-stake cross-border arbitration matters before various adjudicatory bodies of many sports federations, as well as before CAS. This includes violations of the WADA code, issues with media rights and sponsorship agreements, unfair competition and dismissal claims, large-scale corruption investigations, and highly disputed bids for hosting major sports events.
Advising in all aspects of pharmaceuticals, biotechnology and food law, including regulatory and contractual matters such as licensing and R&D agreements; assisting clients in health law, medical malpractice and product liability matters.
Blockchain Technologies & Fintech:
Multidisciplinary and integrated team advising clients looking to take full advantage of the high potential of blockchain technology, Areas advised on include crowd-funding (preliminary analysis and set-up), incorporation of legal entities in Switzerland, initial coin offering setup, smart contracts, data protection and transaction security, tax implications, dispute resolution.
Hotels & Leisure:
Counsel to hotel chains and investors on all legal matters in the hospitality industry including acquisitions, disposals, developments, construction, litigation and M&A, leasing and operation.
Schellenberg Wittmer has long-standing international experience in all of the practice areas. The firm advises on large-scale international M&A and finance transactions, and handles international litigation and arbitration. It has recently advised international clients on various cross-border acquisitions and recapitalisations, debt and equity capital market transactions, on establishing internationally active investment funds and on the structuring of relocations of corporate world headquarters to Switzerland.
The firm’s clients include large and medium sized domestic and international businesses from a wide range of sectors including public and private, banks and financial institutions, industries, insurances, IT and telecommunications, life sciences, etc. The firm also advises private individuals and wealthy families from all over the world.
Managing Partner: Philipp Bärtsch
Number of partners worldwide: 44 Number of other lawyers worldwide: 116
Languages: Arabic, Chinese, Dutch, English, French, German, Hebrew, Hungarian, Italian, Japanese, Portuguese, Russian, Spanish, Swedish, Turkish
Philipp Bärtsch, LL.M., Managing Partner
Administrative & Public Law
Banking & Finance
Capital Markets: Debt
Capital markets: Equity
Capital Markets: Structured Finance
IP: Patents: Contentious
IP: Patents: Transactions
IP: trademarks: Contentious
Labour & Employment
Private Wealth Law
Restructuring & Insolvency
On 16 December 2022, the Swiss Federal Council published its position paper on next steps to be expected regarding the prevention of greenwashing in the financial sector. Greenwashing commonly refers to any practices of knowingly or unknowingly deceiving or misleading clients or investors about the sustainable characteristics of financial products and advisory processes. We are referring for further details to […]
On 23 November 2022, the Federal Council adopted the remaining measures set out in the European Union (EU)’s eighth package of sanctions against Russia which entered into force on the same day at 6 PM. The main amendments to the Ordinance instituting measures in connection with the situation in Ukraine (the “Ordinance”) may be summarised […]
On 1 January 2023, a new Article 697n of the Swiss Code of Obligations (“CO”) will enter into force, expressly allowing Swiss companies to include arbitration clauses for corporate law disputes in their articles of association. The articles of association may regulate the specifics of the arbitration proceedings, in particular by referring to institutional rules […]
In a French-language decision of 23 September 2022, the Swiss Supreme Court rejected a request for the revision of an arbitral award rendered in a Swiss-seated arbitration under the UNCITRAL Rules. The underlying dispute arose out of several agreements transferring management control of a Croatian energy company, INA.. Read more
With its vast potential, BIM (Building Information Modeling) is likely to become a standard tool in planning and construction in Switzerland. The increasing interest in the use of BIM raises questions regarding how to handle the related issues in construction contracts. To address this, a number of actors in the Swiss construction industry have published […]
More and more electric vehicles circulate on Swiss roads. Pursuant to the Federal Statistical Office, the number of newly registered electric cars increased by over 62% in 2021 compared to 2020. Electric cars are usually charged at home at a private electric vehicle charging station. This raises various legal questions for owners of residential and […]
The increasing liberalization of the market for cannabis products in Switzerland opens new opportunities for companies. With the prohibition on the traffic of cannabis for medicinal purposes being lifted, cannabis medicinal products are likely to play a greater role in the future. Read more
On 5 August 2022, to increase the EU’s security of energy supply, the European Council adopted COUNCIL REGULATION (EU) 2022/1369 on coordinated demand reduction measures, aimed at reducing gas demand by 15% ahead of the 2022-23 winter season (the “Regulation”). The purpose of the Regulation is to contribute to the filling of storage capacities, help […]
On 7 July 2022, the consultation period on the ordinance on climate reporting for large companies in Switzerland ended. The ordinance implements the recommendations of the TCFD in Switzerland and obliges the reporting of climate matters by certain Swiss listed companies and regulated market participants. Read more
In May 2022, the Swiss Federal Council initiated the consultation procedure on a new legislation to screen foreign direct investment (“FDI”) in Switzerland. The proposed FDI control regulation seeks to prevent threats to public order and security as a potential consequence of foreign investors acquiring control of Swiss companies. The consultation runs until 9 September […]
The pandemic had various impacts on M&A practitioners, one being that attorneys quickly updated their transactional documents to consider the new “normal” – a more volatile business environment. The typical general areas of concern are the definitions of the material adverse change (MAC) or material adverse event (MAE) clause (which would provide the buyer with […]
As of 1 January 2023, there will be facilitations with regard to withholding tax and securities transfer tax. Among other things, the withholding tax on interest payments on bonds and the securities transfer tax on trading in domestic bonds will be abolished. Read more
In a recently published German-language decision, the Swiss Supreme Court (SSC) rejected a motion to set aside a partial award on jurisdiction based on article 190(2)(b) of the Swiss Private International Law Act (PILA). Downloads Challenge to formal and substantive validity of arbitration agreement dismissed
On 1 January 2022 changes in Swiss antitrust and fair-trading law has entered into force. New rules of conduct are established for companies with so-called “relative market power”, which have far-reaching effects. Also, a geo-blocking ban was introduced, which is intended to prevent discrimination. Download full PDF PDF English PDF German PDF French
In this newsletter, we discuss four selected decisions of the past year, in which the Federal Supreme Court dealt with the impact of Brexit on the applicability of the Lugano Convention, the effects of the withdrawal of an action for negative declaratory relief, the appeal procedure in mutual assistance in criminal matters and the protection […]
In a recently published French-language decision, the Swiss Supreme Court rejected a motion to set aside an ICC partial award made under article 190(2)(e) of the Swiss Private International Law Act (PILA), which allows parties to challenge awards that are incompatible with public policy. The underlying dispute concerned a share purchase agreement (SPA) governed by […]
In a recently published French-language decision, the Swiss Supreme Court dismissed an application to set aside an ICC award for alleged violation of substantive public policy. In Decision 4A_453/2021, the Swiss Supreme Court dismissed an application to set aside an award based on alleged violations of substantive public policy. The court found, among other things, […]
The revised DPA brings Swiss data protection law closer to the GDPR. But some differences will remain and will have to be complied with by international companies with entities or business in Switzerland, due to the revised DPA’s extraterritorial applicability. Our newsletter provides an overview and suggestions on how to ensure compliance. Authors Samuel Klaus, Roland […]
1. The institution is rebranded the “Swiss Arbitration Centre” – arbitration agreements referring to SCAI or the chambers of commerce remain valid and binding. 2. The revised Rules entered into force on 1 June 2021 and apply to all arbitration proceedings which are initiated on or after that date, unless the parties have agreed otherwise. 3. […]
Schellenberg Wittmer acted as Swiss legal counsel to International Flavors & Fragrances Inc. (IFF) on the sale of its savory solutions business to PAI Partners (PAI). The transaction values the business at approximately $900 million which is expected to close in the second quarter of 2023, subject to regulatory approvals and other customary closing conditions. […]
The Alfred Schätzle family sold its 50% participation in the Schätzle Group, a local group of energy companies and part of the AVIA network, to the Robert Schätzle family, now holding 100% of the Schätzle Group. Schellenberg Wittmer advised the Alfred Schätzle family in this transaction. The team was led by Oliver Triebold (overall lead, Corporate/M&A) and […]
Schellenberg Wittmer acted as lead counsel to the shareholders in the cross-border sale of sustainability consultancy leader Quantis International SA to The Boston Consulting Group, Inc. Quantis was founded in 2006 and has since grown to more than 250 environmental experts and transformation specialists primarily based in Europe and the U.S. Our team consisted of Christoph Vonlanthen (overall […]
Environmental, Social and Governance (“ESG”) considerations are becoming a top priority for businesses across all sectors, and are on the agenda of every board member, executive, in-house counsel and compliance officer. As a leading Swiss business law firm, Schellenberg Wittmer has been following this trend closely. Our lawyers have extensive experience in helping businesses navigate […]
Schellenberg Wittmer advised Julius Baer Group Ltd on its sale of Fransad Gestion SA, a major Swiss independent wealth manager, to the management team of the independent wealth manager (MBO) and an industrial partner. The transaction, which was executed on 1 June 2022, follows the decision of Julius Baer to reduce the complexity of its […]
Schellenberg Wittmer advised Credaris AG on its purchase of credit intermediary Milenia SA. The acquisition will create a new player in the consumer loan market with around 80 employees in Zurich and Lausanne arranging an annual loan volume of approximately CHF 400 million Read more
Schellenberg Wittmer has been recognized as law firm of the year: Switzerland, at The Lawyer European Awards 2021 for the second year in a row. This marks a prestigious win and a wonderful conclusion to the firm’s 20 years celebrations. Schellenberg Wittmer was awarded by the jury for its market position and constant striving for […]
We are extremely pleased and proud to announce Grégoire Tribolet as Partner in our Banking & Finance practice, Giulia Marchettini as Counsel in our Dispute Resolution practice, and Katherine Bell as Counsel in our Dispute Resolution and Construction practices, as of 1 January 2021. Grégoire Tribolet specializes in banking & finance, and advises banks, asset managers […]
Schellenberg Wittmer has been recognized as law firm of the year: Switzerland, at The Lawyer European Awards 2020. This marks a prestigious win, accompanying the firm also celebrating its 20 year anniversary of high-standing in the legal market , – consistent with the awards that celebrate excellence across the European legal market. Leading firms across […]