Lukas Wyss
Dr.iur.
Attorney at law
Partner
Co-Head in Arbitration
Office:
Phone:
+41 58 258 16 00
Languages:
German
English
French
VCard:
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Vita
Lukas Wyss specializes in complex national and international litigation and arbitration as well as alternative dispute resolution mandates. He also advises clients on drafting and negotiating contracts, in particular construction, manufacturing, supply, research and development, agency, distribution and license agreements. He has published in these areas for many years and is a regular speaker.
Admitted to the Swiss Bar since 1992.
Professional background
- Lukas joined the law firm Bratschi Emch & Partner at the beginning of 1998 and was made partner on April 1, 2004.
- Before this he worked for an international audit company and in the corporate and claims legal services for a large Swiss insurance company where he specialized in corporate, contract and liability law and he dealt with litigation cases throughout Switzerland and abroad.
- In 2001/2012 he studied international commercial projects and transactions at the Georgetown University Law School, Washington, D.C. (LL.M.)
- He also wrote his thesis shich was published in 2005 on this topic.
Training
- Arbitration Practitioner (ArbP), Swiss Arbitration Academy, Zurich/Geneva (2009)
- University of Bern, thesis (2005)
- Master of Law, international Legal Studies, Georgetown University Law Center, Washingten, D.C. (2002)
Reference cases
- Advising and litigating for various national and international general contractors in TU, GU and planning matters before state courts and national and international arbitration tribunals, in particular in defect liability and damages as well as settlement proceedings.
- Advising a leading Swiss technology company on the negotiation of contracts with the Bill & Melinda Gates Foundation;
- Legal advice to a listed international company regarding the construction of a EUR 160 million production plant in Turkey
- Legal advice to an international hotel chain on financing and contract drafting for the construction of a CHF 150 million hotel and conference centre in Zurich
- Legal advice to an international group of companies on the financing and construction of a USD 100 million solar plant in Spain
- Support of a general contractor in the drafting and negotiation of a contract for the redevelopment of a former commercial property (project volume approx. CHF 10 million)
- Drafting of international distribution structures and contracts for various Swiss companies
- Out-of-court and judicial support in various complex construction damage cases for various Swiss general contractors before the cantonal courts and the Federal Supreme Court
- Legal advice to a global engineering group in technology law matters for more than 20 years (in particular regarding contract and intellectual property law)
- Legal advice to an internationally active company on occupational safety and compliance in the field of pipeline construction
- Various national and international party representative and arbitrator mandates under the ICC Rules, the Swiss Rules and in ad hoc arbitration proceedings, inter alia, in the areas of building construction, plant construction, R&D, joint ventures, international sales law, post-M&A disputes, distribution contract law, licence contract law, etc.; in particular:
- Conducting a Swiss Rules post-M&A arbitration for a Spanish company regarding enforcement and valuation of a call option
- Conducting an ICC arbitration for a European crane manufacturer regarding a claim for damages in connection with transshipping activities
- Conducting an ICC arbitration for an international fertiliser producer against the equipment manufacturer (amount in dispute approx. CHF 30 million)
- Conducting international arbitration proceedings for a Danish company regarding damages arising from breach of contract in the area of wind power plant construction
- Conducting international arbitration proceedings for a listed Swiss company in the area of patent licence agreements for medical devices
- Conducting international arbitration proceedings regarding claims resulting from an agency agreement related to the delivery of a dyeing and fabric treatment factory in Egypt
- Conducting an international arbitration under the Swiss Rules concerning the delivery of solar panels, non-performance of the contract
- Conducting a national arbitration between two banks concerning contract interpretation
- Conducting over 80 liability and responsibility proceedings before Swiss cantonal courts and the Swiss Federal Supreme Court since 1993
- Conducting complex national and international recourse cases, in particular in the areas of contract for work and labour, liability and insurance law
- Various trademark and unfair competition proceedings before Swiss courts
- Product liability law expert opinion on legal issues in connection with a EUR 120 million product recall in the rail vehicle sector
Other activities
- Member of the Court of the Swiss Arbitration Centre (formerly SCAI)
- Member of the liability and insurance group of the Bernese Bar Association
- Co-Organizer of the yearly Conference on International Arbitration of the Europe Institute of the University of Zurich (EIZ)
- Various presentations and conferences on arbitration, liability and negotiation topics
- Former lecturer at the ZfU International Business School for contract and business law and legal risk management
- Various board of directors' mandates (since 1998)
Awards
- recommended for «Dispute Resolution - Litigation» by Legal500 (2021)
- recommended for «Product liability defence» by Who is Who Legal (2019)
- recommended for «Dispute Resolution - Litigation» by Legal500 (2018)
Memberships
- Swiss Bar Association (SAV)
- Bern Bar Association (BAV)
- Zurich Bar Association (ZAV)
- Swiss-Chinese Chamber of Commerce
- Europe Institute at the University of Zurich (EIZ)
- Schweizerische Gesellschaft für Haftpflicht- und Versicherungsrecht (SGHVR)
- International Bar Association (IBA)
- Swiss Arbitration Association (ASA)
- Swiss Arbitration Centre
More from Lukas Wyss
Know-how
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Erfolgreich verhandeln! Lehren und Erkenntnisse aus der Verhandlungspraxis
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