Competition continues to be an active area in the Swiss legal market, with the Swiss Competition Commission maintaining its aggressive focus on regulatory issues and enforcement activities. Practitioners report that while the financial services industry remains under scrutiny, a greater focus on cartel investigations has been seen and this trend is set to continue into 2015. We highlight 23 “brilliant” practitioners in this chapter.
Mediation in Switzerland is yet to become a primary form of dispute resolution. Currently, mediators are striving to provide a service that incorporates various intervention processes, such as structured negotiation and co-mediation, which will popularise the system and involve less contact from the parties involved. Despite being in its infancy, the sector is home to several leading Swiss experts, 13 of whom are listed below.
Arbitration rather than litigation is the main form of commercial dispute resolution in Switzerland, with a majority of lawyers in this chapter practising in both areas. However, in a country filled with major corporations, complex multi-jurisdictional litigation is never too far away. This year, employment litigation and E&O liability claims are reported to be among the most common types of dispute before the Swiss courts, especially in the banking sector. We have recognised 47 individuals who maintain a strong commercial litigation practice.
In October 2014 the Swiss government commenced discussions on a complete overhaul of existing Swiss financial market regulation. This follows on from the new rules on insider trading and market manipulation that entered into force in May 2013. With these developments in mind, lawyers expect to be busy for the next few years helping clients to adopt to a changing landscape. In this section we identify 34 leading capital markets practitioners.
In recent years the Swiss government has come under pressure to do more in the fight against corruption, money laundering and the finance of criminal activities. Switzerland has introduced various measures and concluded multilateral and bilateral treaties to combat white-collar crime and prompt greater collaboration with foreign governments. It has been important for lawyers to closely follow developments to provide the best possible service to clients, and our research recognises 30 practitioners with sector-leading expertise.
Regulation is still proving to be a huge source of work for Swiss banking lawyers as the requirement to comply with global reforms to banking practice sees a growing number of banks seeking legal counsel. Lawyers also reported an increase in demand for services from private banks with many finding themselves under growing pressure to consolidate loss. We select 38 top practitioners to feature in this chapter.
Switzerland is finalising its International Asset Recovery Act and the draft bill has recently been submitted to parliament. In this dynamic area of law, 19 lawyers and two experts are recommended.
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Nominees have been selected based upon comprehensive, independent survey work with both general counsel and private practice lawyers worldwide. Only specialists who have met independent international research criteria are listed.