Litigation – achieving solid solutions in disputes whether in civil, criminal or public law proceedings, often in an international context

Litigation

Our litigation team: experienced also in bankruptcy proceedings, white-collar crime cases and compliance issues

The Froriep litigation team works on a wide range of different cases, often in an international context, and is equally experienced in acting either for plaintiffs or defendants, and in criminal cases for any party involved but mainly corporations and individuals being prosecuted or being a witness or victim to a white-collar crime. The team’s in-depth knowledge of commercial and personal grounds for court or arbitration proceedings and their potential repercussions for a client enables it to find solid and practical solutions and, where necessary, to act decisively. Wherever our clients need their rights and decisions enforced or defended nationally or internationally, the members of our litigation team may be called in.

We operate three offices in Switzerland (and two abroad) and so are in a position to act locally in almost all of Switzerland’s regions and in all Swiss courts, up to the highest level. Naturally, we are extremely familiar with the Swiss Code of Obligation, the Swiss Civil Code, the Swiss code of civil procedure (the Swiss Civil Procedure Law), the Swiss Criminal Procedure Law and the Swiss Penal Code. In court proceedings, we have an excellent track record in litigation for individuals, corporations and public entities in District Courts, Higher Cantonal Courts, the Federal Court of Administration, the Federal Criminal Court, the Federal Supreme Court and any (mostly international) Arbitration Tribunal. Where appropriate and reasonable and always in the best interest of the client, we seek out-of-court settlements or settlements with a Justice the Peace.

Our expertise in criminal proceedings

Our practice in criminal law cases and criminal proceedings is mainly focused on white-collar crime, including issues of money laundering, corruption, mismanagement, fraud, embezzlement and its prevention, corporate crime prevention and compliance in general, as well as the criminal liabilities of corporate directors and board members. In relation to regulators, we work to ensure that reputational risks are minimised. We can assist in preparing for a hearing, the presentation of evidence, including explaining the rules of evidence, and the consequences of a judgment. We work to ensure a minimum penalty, and the best decision possible.

Assistance in civil proceedings, often linked to matters of commercial law or constitutional rights, coupled with international legal expertise  in bankruptcy proceedings

Members of the litigation team regularly and successfully represent our clients in time-critical ex parte proceedings. These proceedings seek (or seek to prevent) interim measures and decisions without a hearing of the counterparty. Here, the team has repeatedly proven its ability to deliver quick results, working with maximum efficiency to meet extremely tight deadlines. These proceedings may relate to any kind of law, but are mainly linked to contract law, including business law contract terms, and in such proceedings we secure our clients’ right to be heard. We assist in debt collection cases and advise on bankruptcy law and its implications for your case, whether national or international in nature. Another area of our expertise is inheritance law, often combined with questions of succession or transfers in companies.

International judicial assistance or transnational litigation in both civil and criminal matters form a significant and growing part of our litigation team’s activities. We have in-depth knowledge of and experience with the procedural instruments involved, and therefore can always provide our clients with reliable and efficient advice. Additionally, our academic expertise allows us to be at the forefront of new and complex legal issues emerging in the transnational legal world.

Q: How does Froriep safeguard the interests of its clients?

A: “At every major step in litigation, there are turning points. Do we negotiate now? Do we settle now? Do we appeal? Especially in a long litigation, we will re-address all the issues repeatedly to be sure it’s the right course of action for our client.”

Prof. Dr. Isabelle Romy, Partner

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