GAR Analysis

• No. of pending cases: 24
• Value of all claims: US3.48billion
• No. of appearances in Who's Who: 5
• No. of treaty cases: 6
• No. of arbitration appointments (No. as chair or sole): 37(23)

For a small organisation, this Swiss firm has many members of the créme de la créme. Lalive is proud of being a player on the global stage, and is in the process of proving that in the present climate a boutique can still be a force.

Of 15 partners, eight are international arbitration specialists, the majority of whom register in various directories. The International Who's Who of Commercial Arbitration has five Lalive partners listed in the most recent edition (making the firm the most prominent in Switzerland). The five are Pierre Lalive (the "grand old man of Swiss arbitration), Michael Schneider ("extraordinary"), Dominique Brown-Berset, Teresa Giovannini and Matthias Scherer. In addition to work as counsel and arbitrators, these specialists contribute to the wider life of the discipline through an array of positions on committees and groups. Pierre Lalive, for example, is the honorary president of the Swiss Arbitration Association (ASA). Domitille Baizeau, a younger lawyer, is co-chair of ASA Below 40 and of the LCIA's Young International Arbitration Group. Michael Schneider is the chair of working group II, which is revising the UNCITRAL arbitration rules, and on the board of trustees for the Dubai International Arbitration Centre. "We are an international arbitration boutique that grew into a full-service Swiss firm. But we still see ourselves very much as an international arbitration boutique," says Veijo Heiskanen, a partner who specialises in international disputes work. He says that many of the other Swiss firms have done things the other way, adding arbitration to full service. "And nobody has our history in the field," Heiskanen adds.

Lalive's arbitration culture continues the work of its founder, Professor Pierre Lalive, in the 1970s and 1980s. "He was the pioneer," says Heiskanen. Lalive, among other things, played a central role in many classic arbitrations during that period, including Sapphire v Iran, Texaco v Libya and Aminoil v Kuwait. With Michael Schneider, he was counsel in the first-ever arbitration heard at the ICSID centre. He also chaired the first annulment panel. Dealing in Virtue, a book about the history of private justice, says Lalive's career "defined stature" for his generation.

All Swiss firms benefit, in this area, from the national tradition of discretion, which is reflected in strict rules against lawyers revealing information about their clients or work, and which makes them attractive for those extra-sensitive cases. But larger US and UK law firms with networks of international offices have developed their own arbitration services. To remain competitive, Lalive has taken a number of steps. It has, for instance, built itself a network of local best friends, "although this is a non-exclusive arrangement," according to Heiskanen. It has also made itself home to lawyers with common law backgrounds and expertise in relevant connected fields, such as public international law. Two of its most recent additions are Robert Pietrowski, who joined via Covington & Burling, and Heiskanen himself, who was elected as partner after several years in an of counsel role. Furthermore, when the firm recruits a Swiss arbitration lawyer, it requires that they have an LLM-level qualification in common law and work experience in a common law jurisdiction. Bernd Ehle, for instance, who joined in 2003 holds an LLM from the Northwestern University in Chicago.

Lalive's lawyers continue to work on the type of disputes they always have. More often than not, they find lawyers from US and UK firms on the opposing side rather than from a rival Swiss firm. "We aren't focusing on run-of-the-mill Swiss arbitration," says Heiskanen. Of 20 recent merits hearings that the firm identified, only three had a local opponent. Members of the firm are also sitting as arbitrators in 37 cases. The quality and style of the work helps to attract junior lawyers from the large US and UK firms. In the past two years, Domitille Baizeau has joined from Freshfields Bruckhaus Deringer; Joachim Knoll has joined from Shearman & Sterling; Antoine Romanetti from WilmerHale; and Noradéle Radjai from Skadden.

Contact Details

Website: www.lalive.ch

LALIVE is a Geneva-based international law firm renowned for its experience in international arbitration and litigation. The firm's lawyers advise and represent clients world-wide as counsel and experts, and regularly act as arbitrators, in complex international arbitration proceedings involving a variety of international transactions and industries.

LALIVE has been involved in arbitrations under most important rules of international arbitration, including the ICC, UNCITRAL, Swiss Chambers, LCIA, ICDR/AAA, IATA, WIPO and CAS. The firm has a long-standing experience in public international law disputes involving State parties, including in ICSID arbitration and in proceedings before the ICJ and the WTO. The firm regularly advises on disputes subject to foreign law, where required in close cooperation with local attorneys. Many of the firm's lawyers are non-Swiss nationals or have been legally trained outside Switzerland, including in England and the United States. Ten languages are currently spoken within the firm.

LALIVE has extensive know-how in mediation, conciliation and other alternative dispute resolution methods. It also provides advice and represents clients in other fields related to international dispute resolution, including domestic litigation before Swiss courts (challenge, recognition and enforcement of arbitral awards in Switzerland, and applications to local courts in support of arbitration), international corporate finance and commercial contracts, international judicial assistance, and white collar crime.

For more information, please contact any of the partners of the international dispute resolution group:

Professor Pierre Lalive
plalive@lalive.ch

Michael E. Schneider
meschneider@lalive.ch

Teresa Giovannini
tgiovannini@lalive.ch

Veijo Heiskanen
vheiskanen@lalive.ch

Dominique Brown-Berset
dbrownberset@lalive.ch

Matthias Scherer
mscherer@lalive.ch

Domitille Baizeau
dbaizeau@lalive.ch

This is a Professional Notice: all recommended firms are invited, but not required, to supply a Professional Notice that is published in return for a fee.