Prof. Dr. Nathalie Voser, LL.M.
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1 Schellenberg Wittmer Ltd T Löwenstrasse 19 F P.O. Box 2201 nathalie.voser@swlegal.ch 8021 Zürich Prof. Dr. Nathalie Voser, LL.M. Partner / Attorney at Law Nathalie Voser is a partner in Schellenberg Wittmer's Dispute Resolution Group in Zurich. She has acted as counsel and arbitrator in a vast number of arbitrations and has advised clients involved in complex multijurisdictional disputes before state courts. Her areas of specialization include general contract law and international procedural law such as (pre-trial) attachment and recognition of foreign judgments and arbitral awards. Her practice focuses on contracts regarding construction, civil engineering and energy related projects, research and development, distribution and license agreements, joint ventures as well as mergers and acquisitions. Nathalie Voser is well known for her expertise in the construction, power production, pharmaceutical and automotive industries. She is recognized by the major directories. According to Chambers 2016, Nathalie is highlighted as a "strong leader" with an "impressive depth of understanding", which is "not matched by everyone". Who's Who Legal praises her for her "ability to handle complex multi-jurisdictional disputes" and not only describes her as "a leading figure in disputes resolution" who has "formidable presence" and "enviable expertise" but also as an "accomplished" adviser whose "skilful" handling of complex cross-border disputes is "unparalleled". In addition, she has been recognized as one of the top commercial litigators in the world by Who's Who Legal 2015 and is noted for her "all-encompassing knowledge" of disputes pertaining to the power production, pharmaceutical and automotive industries. Nathalie Voser is currently a Board member of the Swiss Arbitration Association, the Arbitration Institute of the Stockholm Chamber of Commerce (SCC) and the VIAC International Advisory Board. Moreover, she is a Swiss delegate in the ICC Arbitration and ADR Commission in Paris and a member of the London Court of International Arbitration (LCIA), the SCC Rules Revision Committee and the Users' Council of the Singapore International Arbitration Centre (SIAC). She also actively participated in the 2012 revision of the ICC Rules of Arbitration. In 1988, Nathalie Voser graduated summa cum laude from the University of Basel and was admitted to the bar in Switzerland in In 1992, she became a juris doctor with summa cum laude and earned an LL.M. from Columbia University (New York) in 1994 with honors. In 2005, she received the venia docendi for private law, conflicts of laws and comparative law and, in 2014, she was awarded the title of Professor in private law, arbitration law, private international law and comparative law (Titularprofessur) by the University of Basel, where she regularly teaches courses in commercial arbitration and other areas of Swiss private law. SW / 8
2 A. PROFESSIONAL EXPERIENCE Schellenberg Wittmer, Attorneys at Law, Zürich, Switzerland since 2001 Partner Schellenberg Wittmer, Attorneys at Law, Zürich, Switzerland Associate B. ACADEMIC POSITIONS University of Basel, Switzerland since 2014 Professor ("Titularprofessorin") in private law, arbitration law, private international law and comparative law University of Basel, Switzerland Private Lecturer ("Privatdozentin", PD) (focus on Arbitration Master Program Course and Courses in Code of Obligations) Universities of Basel, St. Gallen and Zürich, Switzerland Part-time lecturer, Code of Obligations and Conflict-of-Laws University of Basel, Faculty of Law, Switzerland Assistant to Professor Frank Vischer C. RECENT CASES AS COUNSEL Nathalie Voser is acting as or has recently acted as counsel, respectively, for: - A German non-profit foundation in its capacity as sole heir of a German patron of the arts in an ad hoc arbitration against the former agent of the testator in a dispute over various aspects of the agency contract. - A Spanish rail automation company alongside its Spanish joint venture partner (a Spanish construction company represented by different counsel) in ICC arbitration against the joint venture's Turkish subcontractor in a dispute over the termination of a (preliminary) agreement to subcontract certain (mainly) civil works in relation to a rail transport project in Istanbul. - A German company and a French company under ICC Mediation Rules in a dispute over the joint development and the transfer of IP know-how and licenses and the sale of electronic modules for automobiles. - A Japanese provider of IT services and products in ICC arbitration against a Turkish company in a dispute over a contract providing for technology and equipment for an automatic fingerprint identification system and associated services. - A UAE construction company acting as consortium partner and joint main contractor in ICC arbitration against its Lebanese consortium partner and joint main contractor over claims the consortium may have incurred against a third party (the owner) and whether or not there is an internal obligation among the consortium partners to enforce such claims. - A Cypriot company in ICC arbitration against an English company with a registered office in the Russian Federation over outstanding debit notes payable to Claimant for maintaining an inventory of Respondent's pharmaceutical products in a consignment stock warehouse in the Russian Federation. SW / 8
3 - A Swedish and a Russian construction company in ICC arbitration against the Russian owner of a power plant in a dispute over the delivery of equipment and other services in relation to the expansion of a power plant in Russia. - A German telecommunications company in ICC arbitration against a Czech company in a dispute over invoices for telecommunications services. - An EPC contractor and power plant construction company in ICC arbitration against an Indian civil construction company in a dispute over delayed and defective civil works. - An Austrian company in ICC arbitration against a Jordanian company over the legal consequences of illicit payments. - An international EPC contractor and power plant construction company acting as main contractor in ICC arbitration against an Italian subcontractor in a dispute over delayed civil works. - A German multi-national in ICC arbitration against an Italian sub-contractor in a dispute over the construction of a combined cycle power plant in the UK. - A German pharmaceutical company in two parallel ICC arbitrations against an Italian group of companies in a dispute over different aspects of a license and supply agreement regarding an active pharmaceutical ingredient. - A German industrial goods company in ICC arbitration against a Canadian and a UK metals and mining company in a dispute over the validity of the termination of a long-term supply contract regarding a product used for the production of aluminum. D. RECENT CASES AS ARBITRATOR Nathalie Voser is acting as or has recently acted as arbitrator, respectively, in the following matters: - Co-arbitrator, ICC arbitration involving the local subsidiary of a Canadian company and an African state in a contractual dispute over the reconstruction of a dam. - President, ICC arbitration, multi-party arbitration involving Turkish and Nigerian companies in a contractual dispute under a cooperation framework agreement in the energy sector. - Co-arbitrator, LCIA arbitration, involving a Russian bank and a Russian company in a dispute over a bank guarantee. - President, ICC arbitration, involving an Austrian and a French company in a dispute over a supply agreement of separators of car batteries. - Co-arbitrator, ICC arbitration, involving a US and a Luxembourgian company against a Belgian company in a contract dispute. - Co-arbitrator, ICC arbitration, involving a Saudi Arabian sheik and both a French and a Swiss bank in a dispute over financing a construction project for a hospital. - Co-arbitrator, ICC arbitration, involving two Japanese pharmaceutical companies in a dispute over alleged contractual breaches, taxation issues and termination. - President, ICC arbitration, involving a German and an Italian company in a dispute over claims under a subcontractor agreement in connection with the construction of an industrial facility in Southern Germany. - Co-arbitrator, ICC arbitration, involving a Turkish joint venture and a German company in a dispute over the delivery of a tunnel drilling machine. SW / 8
4 - Co-arbitrator, ICC arbitration, involving a Spanish-Romanian joint venture and two French-Romanian companies in a construction dispute over the termination of a contract for the design of a highway. - President, Swiss Rules arbitration, involving a Swiss company and a US corporation in a dispute over the execution of a settlement agreement. - Co-arbitrator, ICC arbitration, involving a Luxembourgian company and a Croatian company in a dispute over a shareholder agreement concerning the joint construction of a hotel complex in Croatia. - President, ad hoc UNCITRAL arbitration, involving a Chinese and a French company concerning the delivery of pre-painted steel coils. - Co-arbitrator, SIAC Rules arbitration, involving a German company and an Indian company in a consortium dispute regarding the construction of a topside facility for the receipt of LNG and its transportation to the LNG storage tanks. - Sole Arbitrator, ICC arbitration, involving a German company and a Spanish company in a dispute on the termination of a distribution agreement. - Co-arbitrator, Swiss Rules arbitration, involving a Russian and a Turkish company in a contractual dispute with a media industry background. - President, ICC arbitration, involving various Eastern European companies regarding a dispute relating to the energy sector. - Co-arbitrator, ICC arbitration, involving an Italian company and a Swiss company in a dispute over the delivery of an industrial machine for the production of pipes. - President, ICC arbitration, involving a French company and a German company regarding a dispute over a co-operation in the pharmaceutical area relating to the production and distribution of generics. E. RECENT CASES IN INVESTOR-STATE DISPUTES - Co-arbitrator, ICC arbitration involving an investor and an Eastern European state in a dispute over claims arising out of oilfield operations. - Co-arbitrator, ad hoc UNCITRAL arbitration, involving a Middle Eastern government and a construction company in a dispute over a Build-Operate-Transfer (BOT) project concerning the drilling of water wells and the construction and operation of a water conveyance system. - President, ICC arbitration, involving a Czech company vs. Bosnian (state-owned) companies regarding a failed joint-venture in the Bosnian energy sector. F. CASES IN SWISS SUPREME COURT PROCEEDINGS - Counsel for eastern European State having brought setting-aside proceedings against the award in case against French energy company in relation to jurisdictional issues and violation of due process in an ECT investor-state arbitration ( ) (published in official collection of Supreme Court cases ATF/BGE 141 III 495). - Counsel for a German corporation regarding a setting aside proceeding against an ICC award brought by a Turkish corporation for violation of due process and public policy (published in official collection of Supreme Court cases ATF/BGE 142 III 360). SW / 8
5 G. SELECTED NOMINATIONS Who's Who Legal Commercial Arbitration, 2005 to 2016: (2016: is "immaculate in her thinking and presentation; 2013: provides clients with first-rate advice in complex multi-jurisdictional disputes; a highly rated litigator; a "dynamic, focused" lawyer, she is "well known" for acting as counsel and as arbitrator in cases relating to the construction and civil engineering industry, international commodity sales and licence agreements, the automotive and pharmaceutical industries as well as in disputes relating to M&A and joint ventures; is recognized as a "fantastic operator" and "one of the leading experts worldwide") Who's Who Legal Commercial Litigation, 2009 to 2016: (2015: named most highly regarded individual in Commercial Litigation, noted for her "all-encompassing knowledge" in the power production, pharmaceutical and automotive industries and regarded as a "key adviser" in complex multi-jurisdictional matters. 2013: A "formidable presence" in the European litigation field, she has "enviable expertise" in contract law, tort law and restitution and private international law. 2012: is consistently nominated as "one of the leading litigators in Europe" and is described as "trailblazer"; comes "highly recommended" for both her litigation and arbitration skills. 2011: "is "unrivalled" in her expertise relating to complex multi-jurisdictional litigation") Chambers Global, 2008 to 2016: ranked in band 2 for Dispute Resolution: Arbitration Counsel (2015: she is complimented on her "vast knowledge of case law" and is described as a "top arbitration lawyer who handled the whole case extremely well"; 2014: a "very bright and capable lawyer who does a great job for her clients"; "she is intelligent, quick and very well prepared") Chambers Europe, 2007 to 2016: (2016: highlighted as a "strong leader" with an "impressive depth of understanding" in international arbitration) Who's Who Legal Construction, Expert Guides Litigation, 1999 to 2016 Expert Guides Commercial Arbitration, 2008 to 2016 Legal 500, 2010 to 2016: (2013:"diligent, responsive and knowledgeable", 2016: the "very professional" Nathalie Voser) Euromoney Legal Media Group Europe Women in Business Law Awards, June 2013: Best in Commercial Arbitration "Handelszeitung" (Swiss financial newspaper), July 2014: 1 of the 100 most important women in business in Switzerland H. APPOINTMENTS AND MEMBERSHIPS London Court of International Arbitration (LCIA) Advisory Board for ICCA Stockholm Users' Council of the Singapore International Arbitration Centre (SIAC) Rules Revision Committee of the Stockholm Chamber of Commerce since Oct 2014 Panel of the Kuala Lumpur Regional Centre of Arbitration (KLRCA) Board of the Swiss Arbitration Association (ASA) Re-elected for second term Board of the Arbitration Institute of the Stockholm Chamber of Commerce (SCC) Re-elected for second term SW / 8
6 IBA Conflict of Interest Subcommittee Drafting Subcommittee of the ICC Task Force on the Revision of the ICC Rules of Arbitration Swiss Arbitration Committee under the Swiss Rules of International Arbitration Rapporteur of the IBA Working Group on Conflicts of Interest International Advisory Board of the Vienna International Arbitral Centre (VIAC) since Feb 2015 Swiss Delegate in the ICC Arbitration and ADR Commission in Paris Advisory Committee of the Swiss Arbitration Academy International Bar Association (IBA) Swiss Arbitration Association (ASA) Deutsche Institution für Schiedsgerichtsbarkeit e.v. (DIS) London Court of International Arbitration (LCIA) I. SELECTED RECENT PUBLICATIONS The Swiss Perspective on Parties in Arbitration: "Traditional Approach with a Twist regarding Abuse of Rights" or "Consent Theory Plus", in: The Evolution and Future of International Arbitration, International Arbitration Law Library Vol. 37, Alphen aan den Rijn: Kluwer Law International, 2016, pp International Arbitration Comparative and Swiss Perspectives, 3 rd ed., Zurich: Schulthess, Baden- Baden: Nomos, 2016 (co-authored with Daniel Girsberger) Recent Developments on the Doctrine of Res Judicata in International Arbitration from a Swiss Perspective: A Call for a Harmonized Solution, ASA Bulletin 33 (2015), No. 4, pp (co-authored with Julie Raneda). The Revised IBA Guidelines on Conflicts of Interest in International Arbitration, ASA Bulletin 33 (2015), No. 1, pp (co-authored with Angelina Petti). 10 Years of Swiss Rules of International Arbitration, ASA Special Series No. 44 (2014), Juris Publishing (edited by Nathalie Voser). Jurisdiction, governing law and impact of mandatory provisions in construction contracts, Construction Law International 8 (2013), No. 2, pp International Arbitration in Switzerland, A Handbook for Practitioners, 2 nd ed., The Hague: Kluwer Law International, 2013 (co-edited with Elliott Geisinger). Removal, Resignation, Dismissal and Replacement of Arbitrators, in: P. Habegger et al. (eds.), Arbitral Institutions under Scrutiny, ASA Special Series No. 40, Huntington, N.Y.: Juris, 2013, pp Die wichtigsten Neuerungen der revidierten ICC-Schiedsgerichtsordnung im Überblick, in: Deutsche Institution für Schiedsgerichtsbarkeit e.v. (eds.), Die neue ICC-Schiedsgerichtsordnung, Schriftenreihe der August Maria Berges Stiftung für Arbitrales Recht, Vol. 22, Frankfurt am Main: PL Academic Research, 2012, pp Die Revidierte ICC-Schiedsgerichtsordnung Schwerpunkte, SchiedsVZ 10 (2012), No. 3, pp (co-authored with Anke Sessler). SW / 8
7 Overview of the Most Important Changes in the Revised ICC Arbitration Rules, ASA Bulletin 29 (2011), No. 4, pp Die Wahl des Schweizer Rechts was man wissen sollte, RIW 55 (2009), No. 3, pp (coauthored with Christopher Boog). J. SELECTED RECENT SPEAKING ENGAGEMENTS Swedish Arbitration Days, Stockholm, 9 September 2016 ("Limitation of liability clauses The Swiss Perspective") Juris Conference: Twelfth Annual Leading Arbitrators Symposium, Vienna, 21 March 2016 (Co-Chair, session on "Tribunal Deliberations and Dynamics") ASA Annual Conference, Zurich, 22 January 2016 (Panel Chair, session on "Enforcement issues that arise in commercial arbitrations involving States") Darmstädter Baubetriebsseminar, Mainz, 30 October 2015 ("Schiedsgerichtsbarkeit als Form der Streitbeilegung Erfahrungen einer international versierten Schiedsrichterin") 2 nd Annual International Arbitration Summit (Kluwer Law International), Tokyo, 20 October 2015 (Interim Measures in Arbitration) IBA Annual Conference, Vienna, 5 October 2015 (Too much information? How many cards do you really need on the table to resolve a dispute?) PLI Panel on International Arbitration 2015, New York, 10 June 2015 (session on The International Arbitrator's Point of View: Difficult Issues and Practical Tips) 30th Anniversary Conference of the School of International Arbitration, Queen Mary University of London, 20 April 2015 (Parties in Arbitration: Consent vs Commercial Reality) IBA Annual Conference, Tokyo, 24 October 2014 (Session Co-Chair; session on Investment Arbitration) Conference on Arbitration of Energy Disputes New Challenges, Copenhagen, 2 September 2014 (Stabilization and/or Renegotiation Clauses in Long Term Energy Agreements) GAR Live, Frankfurt, 5 June 2014 (Making the Most of Party Experts in International Arbitration How to Deal with Competing Expert Testimony: Joint Expert Report) Stockholm Arbitration Summit: The Role of Law, Stockholm, 22 May 2014 (Handling the Risks of Refused Enforcement: Application of Mandatory Law by Arbitral Tribunals) ICCA 2014, Miami, 8 April 2014 (Panel Chair; Matters of Evidence: Witnesses and Experts) ASA Conference: 10 Years of Swiss Rules of International Arbitration, Basel, 31 January 2014 (Conference Chair) IPBA (Inter-Pacific Bar Association) Regional Conference, Zurich, 28 October 2013 (Bridging Cultures in Arbitration A Special Focus on Asia and Europe: Pre-Arbitral Issues) Second Annual Conference of the Atlanta International Arbitration Society, 23 April 2013 (What is My Award Worth? Comments from a Swiss Perspective). Eric Bergsten Lecture, 20 th Willem C. Vis International Commercial Arbitration Moot, Vienna, 24 March 2013 (Tomorrow's Rules: Key Issues in Arbitration Law Reform). SW / 8
8 K. BAR ADMISSION Basel-Landschaft, Switzerland 1990 L. EDUCATION University of Basel 2005 Habilitation (Topic: Unjust enrichment and assignment in triangular relationships) Venia docendi for Swiss Private Law, Private International Law and Comparative Law Columbia University 1994 LL.M. (with honors) (awarded with the Harlan Fiske Stone Scholar Award) University of Basel 1993 Doctorate in Law (summa cum laude) (Topic: The theory of the lois d application immédiate in private international law) University of Basel 1988 Law Degree (summa cum laude) M. LANGUAGES German, English, French, Italian N. PERSONAL INFORMATION Born in Basel on 20 June Swiss citizen. SW / 8
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