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Thought Leader

WWL Ranking: Thought Leader

Peers and clients say

"She is bright and experienced lawyer and arbitrator, who is always on top of the case"
"She is a very thorough counsel and arbitrator, pragmatic and quick to identify commercial solutions"
"Nadja Jaisli Kull is one of the best arbitrators in Switzerland"

Questions & Answers

Nadja Jaisli is a partner at Bär & Karrer in Zurich specialising in international commercial arbitration and litigation. She has gained particular experience in the pharmaceutical, automotive, commodities, and banking and finance industries and frequently handles complex disputes arising from M&A transactions, joint ventures and shareholders’ agreements, the sale of goods as well as licence and supply agreements. In addition to her work as party counsel, Nadja Jaisli frequently sits as an arbitrator.

To what extent has covid-19 had an impact on commercial arbitration? Are parties willing to be flexible in procedure and approach to get it over the line? 

Covid-19 has had a considerable impact on commercial arbitration. Not surprisingly, remote hearings have been among the hot topics since the outbreak of the pandemic, and paperless submissions have become the rule in many proceedings. Several arbitral institutions have already reacted to the pandemic and amended or refined their rules to provide a clearer basis for electronic communication and remote hearings. 

The question of whether parties are willing to be flexible in terms of procedure and approach depends of course on the particularities of each case. In my experience, parties are more sceptical about remote evidentiary hearings if high amounts in dispute are at stake and where the hearing is complex in terms of numbers of witnesses or experts and the need for interpreters etc. At the same time, I see a tendency based on positive experiences over the last months for arbitration practitioners to become more open to fully remote or hybrid hearings (supported by external service providers). This applies in particular to cases where hearings have already had to be postponed – at some point, the case needs a conclusion.

I expect that the experiences gained during the pandemic will also impact arbitration in the long term. Case management conferences with participants flying in for a two to three-hour physical meeting may be the exception in the future. Likewise, I expect electronic communication and filings to be the rule. We look set to see more hybrid forms of hearings where some participants (including less important witnesses or experts) attend on a remote basis. 

What is the key to practising successfully across multiple arbitration institutions, as well as in ad hoc proceedings? 

Irrespective of the applicable procedural rules, the key to success as counsel in arbitration involves having a true understanding of the facts of the case (requiring hard and diligent work and teamwork with the client), a clear case theory and the ability to present complex matters in a simple way. Your case needs to pass the “grandparent test” – you must be able to summarise it in simple words so that your grandparents would understand it. 

What steps do you think need to be taken in order to improve gender diversity in arbitration? 

Important first steps have been achieved in recent years with initiatives like “the Pledge” and arbitral institutions promoting gender diversity when appointing arbitrators. I also see positive developments in party appointments of arbitrators as many clients no longer accept arbitrator shortlists without any female candidates. There are many excellent female arbitrators in my generation who are appointed in high-value disputes (I currently sit on my first all-female tribunal), and a great pool of talent is ready to emerge from the next generation of arbitration practitioners. On the counsel side, there is a slow increase in the number of female partners in large law firms. Here again, I see pressure from major corporate clients who actively request to work with senior female lawyers. 

So, I think things are developing in the right direction, but there is still a lot to do. Law firms should create an environment to make sure that young female lawyers seize their opportunities, are not afraid of failure, and invest in building their networks and careers. 

What is the most challenging aspect of post-M&A arbitration proceedings?

Post-M&A arbitrations typically involve several complex issues. For example, in “breach of representations and warranties” cases the correct method to calculate damages or the diminished value of the target company is often at issue. The calculation of quantum may require the assistance of experts who need clear instructions as to the correct calculation method(s) applicable. Counsel work in post-M&A arbitration requires not only a deep knowledge of the applicable substantive and procedural law but also, in particular, an understanding of how M&A transactions work, how SPAs are negotiated and structured, and how purchase prices are calculated, and companies valued. 

How is the generational shift changing legal practice at your firm? What do younger lawyers do differently?

Some say that younger lawyers are not willing to go the extra mile. This is not how I perceive the younger generation. They are hard workers but at the same time expect interesting tasks, appreciation, visibility, teamwork and flexible environments to allow them to combine their careers with their private lives. Our firm tries to meet these expectations, which I think are justified. At the same time, great ambition and commitment to achieve the best possible results for the clients will remain key.   

What advice would you give to younger lawyers hoping to one day be in your position?

Work hard and make sure that your efforts get noticed. Start early to build a network within your generation. Focus on your clients’ needs and how to best serve them. Be an active listener. Be confident but do not take yourself too seriously. Be a team player and be kind – but fight hard on your cases. Be patient, never give up and always have a good sense of humour. 

Global Leader

Arbitration 2021

Professional Biography

WWL Ranking: Recommended

Peers and clients say

"She is bright and experienced lawyer and arbitrator, who is always on top of the case"
"She is a very thorough counsel and arbitrator, pragmatic and quick to identify commercial solutions"
"Nadja Jaisli Kull is one of the best arbitrators in Switzerland"

Biography

Nadja Jaisli is a partner at Bär & Karrer in Zurich specialised in international commercial arbitration and litigation.

Nadja Jaisli has extensive experience in representing clients in international arbitrations and before Swiss courts. She has gained particular experience in the banking and finance, the pharmaceutical, the automotive and the transportation industries and handled complex disputes arising from M&A transactions, joint ventures and shareholders' agreements, the sale of goods as well as licence and supply agreements. In addition to her work as party counsel, Nadja Jaisli frequently sits as arbitrator (chair, sole arbitrator and co-arbitrator).

She is admitted to all Swiss courts. She is a graduate of the universities of Zurich and Geneva (summa cum laude) and holds a master of laws degree from New York University School of Law (Hauser Global Scholar). She is also admitted to the New York Bar (not practising).

Nadja Jaisli is a member of the board of the Swiss Arbitration Association (ASA) and regularly speaks and publishes in the field of international dispute resolution. She is a member of the Zurich and Swiss bar associations, the New York State Bar Association, ASA, ArbAut, DIS and ArbitralWomen.

According to Chambers Global 2018 she "receives praise for her compelling attitude and excellent understanding of the client's business and needs". Who's Who Legal 2019 states that "clients are impressed by her business understanding, expertise in ICC procedures and her excellent legal and social skills" and ranked her among the four most highly regarded “future leaders arbitration” in Europe in 2018 and 2019 and as a global leader in arbitration in 2020.

Bär & Karrer is a renowned Swiss law firm with more than 170 lawyers in Zurich, Geneva, Lugano and Zug. Its core business is advising clients on innovative and complex transactions and representing them in litigation, arbitration and regulatory proceedings. The firm's clients range from multinational corporations to private individuals in Switzerland and around the world.

Bär & Karrer has been repeatedly awarded Switzerland's "Law Firm of the Year" by the most prestigious international legal ranking agencies.

Litigation 2020

Professional Biography

WWL Ranking: Recommended

WWL says

Nadja Jaisli Kull is a key name in the Swiss litigation market, with commentators describing her as "a leader in the litigation field" and a lawyer who is "great to work with".

Biography

Nadja Jaisli is a partner at Bär & Karrer in Zurich specialised in international commercial arbitration and litigation.

Nadja Jaisli has extensive experience in representing clients in international arbitrations and before Swiss courts. She has gained particular experience in the banking and finance, the pharmaceutical, the automotive and the transportation industries and handled complex disputes arising from M&A transactions, joint ventures and shareholders' agreements, the sale of goods as well as licence and supply agreements. In addition to her work as party counsel, Nadja Jaisli frequently sits as arbitrator (chair, sole arbitrator and co-arbitrator).

She is admitted to all Swiss courts. She is a graduate of the universities of Zurich and Geneva (summa cum laude) and holds a master of laws degree from New York University School of Law (Hauser Global Scholar). She is also admitted to the New York Bar (not practising).

Nadja Jaisli is a member of the board of the Swiss Arbitration Association (ASA) and regularly speaks and publishes in the field of international dispute resolution. She is a member of the Zurich and Swiss bar associations, the New York State Bar Association, ASA, ArbAut, DIS and ArbitralWomen.

According to Chambers Global 2018 she "receives praise for her compelling attitude and excellent understanding of the client's business and needs". Who's Who Legal 2019 states that "clients are impressed by her business understanding, expertise in ICC procedures and her excellent legal and social skills" and ranked her among the four most highly regarded “future leaders arbitration” in Europe in 2018 and 2019 and as a global leader in arbitration in 2020.

Bär & Karrer is a renowned Swiss law firm with more than 170 lawyers in Zurich, Geneva, Lugano and Zug. Its core business is advising clients on innovative and complex transactions and representing them in litigation, arbitration and regulatory proceedings. The firm's clients range from multinational corporations to private individuals in Switzerland and around the world.

Bär & Karrer has been repeatedly awarded Switzerland's "Law Firm of the Year" by the most prestigious international legal ranking agencies.

National Leader

Switzerland - Arbitration 2021

Professional Biography

WWL Ranking: Recommended

WWL says

The “very active” Nadja Jaisli Kull is “an outstanding arbitrator” and a “top choice” for high-value disputes.  

Biography

Nadja Jaisli is a partner at Bär & Karrer in Zurich specialised in international commercial arbitration and litigation.

Nadja Jaisli has extensive experience in representing clients in international arbitrations and before Swiss courts. She has gained particular experience in the banking and finance, the pharmaceutical, the automotive and the transportation industries and handled complex disputes arising from M&A transactions, joint ventures and shareholders' agreements, the sale of goods as well as licence and supply agreements. In addition to her work as party counsel, Nadja Jaisli frequently sits as arbitrator (chair, sole arbitrator and co-arbitrator).

She is admitted to all Swiss courts. She is a graduate of the universities of Zurich and Geneva (summa cum laude) and holds a master of laws degree from New York University School of Law (Hauser Global Scholar). She is also admitted to the New York Bar (not practising).

Nadja Jaisli is a member of the board of the Swiss Arbitration Association (ASA) and regularly speaks and publishes in the field of international dispute resolution. She is a member of the Zurich and Swiss bar associations, the New York State Bar Association, ASA, ArbAut, DIS and ArbitralWomen.

According to Chambers Global 2018 she "receives praise for her compelling attitude and excellent understanding of the client's business and needs". Who's Who Legal 2019 states that "clients are impressed by her business understanding, expertise in ICC procedures and her excellent legal and social skills" and ranked her among the four most highly regarded “future leaders arbitration” in Europe in 2018 and 2019 and as a global leader in arbitration in 2020.

Bär & Karrer is a renowned Swiss law firm with more than 170 lawyers in Zurich, Geneva, Lugano and Zug. Its core business is advising clients on innovative and complex transactions and representing them in litigation, arbitration and regulatory proceedings. The firm's clients range from multinational corporations to private individuals in Switzerland and around the world.

Bär & Karrer has been repeatedly awarded Switzerland's "Law Firm of the Year" by the most prestigious international legal ranking agencies.

Switzerland - Litigation 2021

Professional Biography

WWL Ranking: Recommended

WWL says

Nadja Jaisli Kull has a stellar reputation in commercial litigation, and is known for her top-tier representation of large-scale clients before Swiss courts.

Biography

Nadja Jaisli is a partner at Bär & Karrer in Zurich specialised in international commercial arbitration and litigation.

Nadja Jaisli has extensive experience in representing clients in international arbitrations and before Swiss courts. She has gained particular experience in the banking and finance, the pharmaceutical, the automotive and the transportation industries and handled complex disputes arising from M&A transactions, joint ventures and shareholders' agreements, the sale of goods as well as licence and supply agreements. In addition to her work as party counsel, Nadja Jaisli frequently sits as arbitrator (chair, sole arbitrator and co-arbitrator).

She is admitted to all Swiss courts. She is a graduate of the universities of Zurich and Geneva (summa cum laude) and holds a master of laws degree from New York University School of Law (Hauser Global Scholar). She is also admitted to the New York Bar (not practising).

Nadja Jaisli is a member of the board of the Swiss Arbitration Association (ASA) and regularly speaks and publishes in the field of international dispute resolution. She is a member of the Zurich and Swiss bar associations, the New York State Bar Association, ASA, ArbAut, DIS and ArbitralWomen.

According to Chambers Global 2018 she "receives praise for her compelling attitude and excellent understanding of the client's business and needs". Who's Who Legal 2019 states that "clients are impressed by her business understanding, expertise in ICC procedures and her excellent legal and social skills" and ranked her among the four most highly regarded “future leaders arbitration” in Europe in 2018 and 2019 and as a global leader in arbitration in 2020.

Bär & Karrer is a renowned Swiss law firm with more than 170 lawyers in Zurich, Geneva, Lugano and Zug. Its core business is advising clients on innovative and complex transactions and representing them in litigation, arbitration and regulatory proceedings. The firm's clients range from multinational corporations to private individuals in Switzerland and around the world.

Bär & Karrer has been repeatedly awarded Switzerland's "Law Firm of the Year" by the most prestigious international legal ranking agencies.

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