Walder Wyss has successfully represented a Swiss high-tech company both in arbitration proceedings (seated in Geneva and adjudicated under the WIPO Arbitration Rules) and before the Swiss Federal Supreme Court.
The law firm has defended a client against a multi-million dollar claim challenging the jurisdiction of the arbitral tribunal. The dispute revolved around the question of whether the arbitration clause could extend to a non-signatory under Swiss or French law. The arbitral tribunal agreed with Walder Wyss client and declared in its award that it lacked jurisdiction under both Swiss and French law. The client has also been compensated for all legal costs incurred. In its decision of 18 July 2022, the Swiss Federal Supreme Court dismissed the claimant’s challenge against the award in its entirety and the firms’ client was again compensated for all its legal fees.
The Walder Wyss team included Michael Feit (partner, litigation & arbitration) and Francesca Borio (associate, litigation & arbitration).