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Litigation

Our extensive experience and expertise allows us to assist our clients in all types of litigation, ranging from routine cases to highly complex proceedings both in cantonal courts (e.g. commercial courts, first instance and appellate courts, and employment tribunals) and before the Swiss Federal Supreme Court. We also represent clients in proceedings before administrative authorities, in particular FINMA, and administrative courts. 

When the need arises, our litigation group works seamlessly with specialists from other groups in order to bring in additional knowledge and experience. Furthermore, Niederer Kraft & Frey has close ties with leading law firms all over the world, allowing us to effectively support and advise clients faced with claims brought in foreign jurisdictions.

Arbitration

Members of Niederer Kraft & Frey's dispute resolution group regularly serve as chairpersons, single arbitrators, party-appointed arbitrators and counsels in national and international arbitration proceedings. Our track record is particularly strong in high-stakes arbitration proceedings.

Our extensive experience with arbitral proceedings both as arbitrators and party representatives, our in-depth knowledge of the different rules governing the proceedings, and our strong ties with leading law firms all over the world allow us to effectively represent our client's interests in national and international arbitral proceedings.

Judicial Assistance in Civil and Criminal Matters

Niederer Kraft & Frey advises and represents clients faced with requests for legal and administrative assistance from foreign and Swiss authorities in civil and criminal matters, in particular with regard to banking secrecy and other confidentiality regulations under Swiss Law.

Insolvency Law

Niederer Kraft & Frey's insolvency practice focuses on advising companies, banks and bankruptcy liquidators in insolvency and restructuring proceedings as well as representing creditors and other stakeholders of companies undergoing insolvency proceedings.

We act for our clients in litigation arising from domestic and international insolvency proceedings. Also, we represent parties in proceedings concerning the recognition of foreign insolvency proceedings and coordinate between domestic and foreign insolvency proceedings.

Our dispute resolution group works in close cooperation with the Banking & Finance Team when advising banks, other financial institutions and borrowers with regard to the restructuring of syndicated loans and other financing arrangements.

Mediation, Alternative Dispute Resolution and Settlement

The traditional means of conflict resolution – litigation and arbitration – may not always be appropriate, and they may not always lead to the best outcomes for our clients. Early on, Niederer Kraft & Frey thus started to focus on the proceedings known as Alternative Dispute Resolution ("ADR"). Today, we have in-depth knowledge and broad experience with these proceedings; in particular with business mediation based on either ad hoc or institutional (ICC) rules.

In some cases, it may be in the best interest of the client to prevent litigation altogether by settling before a case goes to court, or to negotiate a settlement during litigation or arbitration proceedings. We pride ourselves on our ability to negotiate and settle disputes to the advantage of our clients both out of court and at settlement conferences held by courts and arbitral tribunals.

Supervisory-law Proceedings, White Collar Crime and Investigations

Niederer Kraft & Frey advises and represents clients in the fields of 

  • Regulatory enforcement
  • Corporate and regulatory compliance
  • Internal investigations
  • White collar crime


In particular, and in close cooperation with our Banking & Finance Team, we advise and represent regulated institutions as well as their directors and officers during preliminary investigations and subsequent formal administrative proceedings (regulatory enforcement) conducted by FINMA as well as other supervisory authorities and self-regulatory organisations. Working closely with specialists from the Banking & Finance and Corporate/M&A groups, we advise regulated and non-regulated companies on corporate and regulatory compliance, including stock exchange rules, and we carry out internal investigations required by Swiss and foreign supervisory authorities. 

Finally, we advise and represent companies and individuals affected by white collar crime, in particular money laundering, corruption, and the violation of banking secrecy laws, in criminal and civil proceedings.