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Portrait ofNiklaus Zaugg

Dr Niklaus Zaugg, LL.M.

Partner

CMS von Erlach Partners Ltd
Dreikönigstrasse 7
P.O. Box
8022 Zurich
Switzerland
Languages German, French, English, Norwegian, Spanish

Niklaus Zaugg is a partner of the CMS Zurich dispute resolution team with a strong focus on international arbitration and banking litigation.

He has engaged in various international and domestic arbitrations as counsel and arbitrator. Most arbitrations he was involved in related to supply agreements, in particular in the automotive industry, to construction projects, as well as to financial and post M&A disputes. He has further gained outstanding expertise in numerous emergency arbitration proceedings both under the ICC Rules and the Swiss Rules. Niklaus also regularly represents financial institutions in complex banking litigation processes before Swiss state courts.

Niklaus has repeatedly published in the areas of his expertise, such as his doctoral thesis on the effects of partial and interim awards in international arbitral proceedings conducted in Switzerland. He also regularly gives lectures at conferences and was recently elected as a member of the marketing committee of the Swiss Arbitration Centre.

Niklaus graduated from the Universities of Geneva and Zurich in 2003. In 2006, he was admitted to the bar and passed the Concours Diplomatique of the Swiss Foreign Ministry. He further holds an LL.M. degree from the University of Sydney Law School, obtained in 2011. In 2014, Niklaus' doctoral thesis was approved by the University of Lucerne.

Before joining CMS, Niklaus has worked as a law clerk and chairman of the conciliation authority dealing with lease and rental matters at the District Court of Zurich. He has further acted as a diplomatic attaché at the Political and Legal Affairs' Section of the Swiss Embassy in Washington, D.C. and as the executive secretary of the Center for Conflict Resolution CCR at the Faculty of Law at University of Lucerne.

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"Niklaus has a fast understanding of complicated issues related to engineering and construction"
"He is highly responsive and good at cooperating with his team"
"He is a skilled negotiator who is creative in finding solutions"

Who's Who Legal, Global Leader, Arbitration, 2024

"Niklaus Zaugg is held in high regard for his vast experience advising clients on complex construction and post-M&A disputes."
"Niklaus Zaugg is a distinguished litigator who is praised for his 'responsive and cooperative' approach with clients."

Who's Who Legal, National Leader, Arbitration and Litigation, 2024

"Niklaus Zaugg is highlighted as a 'highly talented' litigator who offers his clients peace of mind with his 'very effective and always to-the-point advice'."

Who's Who Legal, Global Leader, Commercial Litigation, 2023

We have an exceptional working relationship with Niklaus Zaugg as he supported us already in various arbitration cases. Very pragmatic and solution oriented approach. Work products always are of very high quality.

The Legal 500, Switzerland, Dispute Resolution: Arbitration, 2023

The arbitration team lead by Niklaus Zaugg is always to the point and extremely responsive.

The Legal 500, Switzerland, Dispute Resolution: Arbitration, 2023

Niklaus Zaugg is a very bright, yet down to earth practitioner who always understands the client’s needs. He is very good at coming up with viable, well-founded and at the same time pragmatic solutions for complex problems. Niklaus has always provided services of very high quality within short time limits.

The Legal 500, Switzerland, Dispute Resolution: Arbitration, 2023

"Niklaus is a brilliant lawyer and a very pleasant guy"
"He is a big name in the market"
"He offers very effective advice and is highly skilled in advocacy"
"He is known for his accuracy, thoroughness and intelligence"

Who's Who Legal, Global Leader, Arbitration, 2023

Niklaus Zaugg 'handles large and complex cases in the automotive industry' and comes highly recommended for his wealth of experience in international arbitration.

Who's Who Legal, Arbitration, Switzerland, 2022

"Niklaus Zaugg is an accomplished litigator with a wealth of experience representing clients in the manufacturing and construction industries."

Who's Who Legal, Global Leader, Commercial Litigation, 2022

Niklaus Zaugg is highly esteemed for his "hard-working and professional" approach to complex litigations.

Who's Who Legal, Global Leader - Commercial Litigation, 2021

'He shows willingness to dig into and understand highly specialised and industry-specific topics'; 'Niklaus is very thorough and a pleasure to work with'; 'An up-and-coming name'.

Who's Who Legal, Future Leader, Arbitration, 2021

Niklaus Zaugg is a first-rate arbitration lawyer who stands out for his 'ability to explain complex matters in a very comprehensible way'.

Who's Who Legal, Future Leader, Arbitration, 2020

Niklaus Zaugg is 'highly recommended' for his 'skills and professionalism' in litigation proceedings, as well as his 'ability to explain complex matters in a simple and convincing way'.

Who's Who Legal, Future Leader, Litigation, 2020

Niklaus Zaugg provides in-depth know-how as well as solution-oriented legal advice, is very responsive and provides client-oriented legal services.

The Legal 500, Switzerland, Dispute Resolution: Litigation, 2020

Niklaus Zaugg is an 'excellent litigator', remark impressed commentators who commend his strong banking practice.

Who's Who Legal, Future Leader, Litigation, 2019

Relevant experience

Arbitration

  • Representation of an Egyptian distributor active in the medical implant industry in relation to the termination of a distribution and an agency agreement in a Swiss Rules arbitration before an arbitral tribunal seated in Zurich
  • Representation of a German based multinational tier one supplier in the automotive industry in relation to the termination of a supply contract in a Swiss Rules arbitration before an arbitral tribunal seated in Zurich
  • Representation of a French multinational energy provider in an ICC Rules emergency arbitration to prevent the opposing party from drawing a bank guarantee
  • Representation of a German multinational tier one supplier in the automotive industry regarding the delivery of defective components by its supplier in an ICC arbitration before an arbitral tribunal seated in Paris
  • Representation of a German insolvency administrator regarding an infrastructure project in Turkey in an ICC arbitration before an arbitral tribunal seated in Geneva
  • Representation of a German multinational tier one supplier in the automotive industry in relation to a supplier's threat to stop deliveries in a Swiss Rules emergency arbitration
  • Representation of a German multinational tier one supplier in the automotive industry regarding a dispute over prices in a Swiss Rules arbitration before an arbitral tribunal seated in Zurich
  • Representation of a Danish supplier of medical equipment regarding the delivery of nitrile gloves in an ICC arbitration before a sole arbitrator seated in Basle
  • Representation of a German multinational tier one supplier in the automotive industry regarding the delivery of defective components by its supplier in a Swiss Rules arbitration before an arbitral tribunal seated in Zurich
  • Representation of a German multinational tier one supplier in the automotive industry regarding the supplier's threat to stop deliveries in an ICC emergency arbitration
  • Representation of a German multinational tier one supplier in the automotive industry regarding a dispute over prices in an ICC arbitration before an arbitral tribunal seated in Düsseldorf
  • Representation of a German multinational engineering company regarding a construction project in Saudi Arabia in an ICC arbitration before an arbitral tribunal seated in Zurich
  • Representation of a Turkish airline business regarding a dispute in connection with a wet-lease agreement in a Swiss Rules arbitration before a sole arbitrator seated in Zurich
  • Acting as sole arbitrator in a Swiss Rules arbitration relating to a post M&A dispute regarding the sale of a bank
  • Acting as co-arbitrator in an ICC arbitration relating to a dispute between a Caucasian construction company and a Germany-based global supplier of electromechanical systems regarding a large infrastructure refurbishment project in Central Asia
  • Acting as sole arbitrator in a domestic Swiss Rules arbitration relating to a dispute out of a shareholders' agreement
  • Acting as co-arbitrator in a Swiss Rules arbitration relating to a dispute between a German commodities supplier and a Latin American supplier of items for the construction sector
  • Acting as sole arbitrator in a Swiss Rules arbitration relating to a dispute between a Croatian and a Slovenian company active in the domestic appliances industry
  • Acting as co-arbitrator in a Swiss Rules arbitration relating to a dispute between a European supplier and a Central Asian telecommunications business

Litigation

  • Representation of a large Swiss bank in various cases before the Zurich Commercial and the Zurich District Courts with regard to the issue of negative interests
  • Representation of a large Swiss bank in various cases before the Zurich Commercial and the Zurich District Courts with regard to the issue of retrocessions
  • Representation of a large Swiss bank before the Zurich District Court with regard to allegedly unauthorized transactions
  • Representation of a large Swiss bank before the Zurich District Court with regard to early repayment penalties
  • Representation of a large Swiss bank before the Zurich District Court for the enforcement of a loan claim secured by a mortgage
  • Representation of a Swiss private bank before the Zurich Commercial Court with regard to the issue of retrocessions
  • Representation of a Swiss private bank against several suing clients in various parallel proceedings before the Zurich District Court, the Zurich Commercial Court as well as the Swiss Federal Supreme Court prevailing inter alia in a published leading case regarding the quantification of damage caused by allegedly unauthorized transactions
  • Representation of a Swiss private bank before the Zurich Commercial Court with regard to allegedly unauthorized transactions
  • Representation of a Swiss subsidiary of a foreign bank before the Zurich District Court with regard to allegedly unauthorized transactions
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Memberships & Roles

  • Zurich and Swiss Bar Association
  • ASA Swiss Arbitration Association
  • Marketing Committee Swiss Arbitration
  • ICCA International Council for Commercial Arbitration
  • IBA International Bar Association
  • UIA Union Internationale des Avocats
  • Norgesklubben Sveits
  • Swiss Diplomats – Zurich Network
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Awards & Rankings

  • Who's Who Legal | Arbitration, 2023 - 2024 | Global Leader
  • Who's Who Legal | Commercial Litigation, Switzerland, 2023 | National Leader
  • Best Lawyers | Litigation, Switzerland, 2023 | Recognized
  • Who's Who Legal | Arbitration Future Leaders, Switzerland, 2022 and 2021 | Future Leader
  • Who's Who Legal | Arbitration, Switzerland, 2021 - 2024| National Leader
  • Who's Who Legal | Commercial Litigation, 2021 - 2023 | Global Leader
  • Who's Who Legal | Litigation, Switzerland, 2020 and 2019 | Future Leader
  • Leaders League | Commercial Litigation, Switzerland, 2022 | Excellent
  • Leaders League | International Arbitration, Switzerland, 2022 | Recommended
  • The Legal 500 | Dispute resolution, Switzerland, 2022, 2021 and 2020
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Publications

  • Schulthess Commentary: Die revidierte ZPO – Gesetzesausgabe annoté (commenting ZPO-articles on law of evidence and domestic arbitration), December 2023
  • Business Human Rights - A new field of activity for international arbitration?, ASA Bulletin 1/2021
  • Imposing Virtual Arbitration Hearings in Times of COVID-19: The Swiss Perspective, Kluwer Arbitration Blog, January 2021
  • The modification of Switzerland’s international arbitration law, CMS International Disputes Digest, June 2020
  • The New Swiss Financial Market Legislation – New Momentum for ADR?, juriste international 4/2019, Union Internationale des Avocats, March 2020
  • ADR under the new Swiss Financial Services Act, CMS International Disputes Digest, July 2019
  • Schiedsgerichtsbarkeit als alternative Streitbeilegungsmethode, KMU Magazin Nr. 09, September 2018
  • Implications of Third Party Funding on the integrity of arbitral proceedings – Is there need for action in Switzerland?, Von A wie Arbitration über T wie Transport bis Z wie Zivilprozess – Liber discipulorum für Professor Dr. Andreas Furrer zum 55. Geburtstag, April 2018
  • Objective scope of res judicata of arbitral awards – Is there room for discretion?, ASA Bulletin 2/2017, June 2017
  • Teil- und Zwischenschiedssprüche – Treue Diener im Dienste der Verfah-rensökonomie?, News Schiedsgerichtsbarkeit der Zürcher Handelskammer, May 2016
  • Vorprozessualer Anspruch von Bankkunden auf Erstellung von Stichtag-bewertungen ihrer Portfolios?, AJP/PJA 7/2015, July 2015
  • Verfahrensgliederung in der internationalen Schiedsgerichtsbarkeit – Wir-kungsweise von Teil- und Zwischenschiedssprüchen unter dem 12. Kapitel IPRG, Luzerner Beiträge zur Rechtswissenschaft, Diss. Lucerne/Zurich 2014
  • How caucusing and other elements of mediation fit into International Commercial Arbitration, The Australian ADR Reporter, June 2012 [awarded Chartered Institute of Arbitrators (Australia Branch) Book Price]
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Lectures list

  • Arbitration Ahead: What's Unfolding in the DACH Legal Frontier?, lecture at Leaders League roundtable at Paris Arbitration Week, March 2024
  • Frühzeitige Streitbeilegung, panel moderation at Swiss Arbitration/DIS/VIAC conference in Basel on the topic "Gemeinsame Schiedsverfahrenskultur in der DACH-Region?", November 2022
  • Panel moderation on hot topics at ASA Local Group Event in Zurich, August 2022
  • How to prepare a Witness Statement, Lecture at YOUNG ICCA Skills Trai-ning Workshop on Cross-Examination in International Arbitration in Zurich, May 2019
  • Schiedsgerichtsbarkeit in der Finanzindustrie – Gibt es handfeste Vorteile?, Lecture and panel moderation at Swiss Chambers' Arbitration Institution Event in Zurich, March 2019
  • Zum Umgang mit Anlegerklagen, Lecture at CMS Breakfast "FIDLEG und FINIG – Herausforderungen für Unabhängige Vermögensverwalter" in Zurich, November 2018
  • Multi-tiered dispute resolution clauses – the Swiss perspective, Lecture at UIA 13th Winter Seminar in Zermatt, March 2018
  • Prozessfinanzierung in der internationalen Schiedsgerichtsbarkeit – Besteht Handlungsbedarf?, Lecture and panel moderation at ASA Local Group/ZAV FG Schiedsgerichtsrecht Event in Zurich, November 2017
  • Dos and Don’ts bei der Vertragsgestaltung aus Schweizer Sicht, Lecture at Handelskammer Schweiz-Mitteleuropa (SEC) Event "Polen Kompakt" in Zurich, November 2017
  • Res Judicata – Can the diverging national approaches be bridged in international arbitration?, Lecture at ELSA Switzerland Summer Law School on Arbitration in Geneva, August 2017
  • Die Forderung der Beklagten: Strategien und Hindernisse rund um die Widerklage, Lecture and panel moderation at 3. Tagung zur Schiedsgerichtsbarkeit: Hot Topics, Europa Institut der Universität Zürich, Zurich, May 2017
  • Die Rechtskraft von Schiedssprüchen – Praxis in der Schweiz, Lecture at ASA/arb aut/LIS Dreiländer-Conference in Schaan, September 2016
  • Enforcing Contracts with Russian Parties, Lecture at Switzerland Global Enterprise Event in Zurich, September 2015
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Education

  • Since 2018 Partner with CMS von Erlach Partners Ltd
  • 2014 Approval of Niklaus Zaugg's doctoral thesis by the University of Lucerne
  • 2013-2017 Attorney at law with CMS von Erlach Poncet Ltd
  • 2011-2013 Executive Secretary at the Center for Conflict Resolution at the University of Lucerne Faculty of Law
  • 2011 LL.M. degree from the University of Sydney Law School
  • 2008-2013 Attorney at law with CMS von Erlach Poncet Ltd
  • 2007-2008 Diplomatic Trainee and Diplomatic Attaché at the Swiss Foreign Ministry in Berne as well as at the Political and Legal Affairs' Section of the Swiss Embassy in Washington
  • 2006 Admission to the bar and passing of the Swiss Foreign Ministry's Concours Diplomatique
  • 2003-2005 Law Clerk at the District court of Zurich (including acting as Chairman of Conciliation Authority dealing with lease and rental matters)
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Feed

05/01/2024
Revision of the Swiss Civil Procedure Code as of 1 January 2025: Short...
In view of the revision of the Swiss Civil Procedure Code ("CPC"), several lawyers from the CMS Zurich practice groups Lit­ig­a­tion/Ar­bit­ra­tion and Private Clients have authored, together with Prof. em...
12/04/2023
CMS Switzerland recommended by The Legal 500 EMEA 2023
Rankings of CMS Switzerland in The Legal 500 EMEA 2023 Edition
11/04/2022
CMS Switzerland recognised by The Legal 500
Rankings of CMS Switzerland in The Legal 500 EMEA 2022 edition
25/10/2021
Facing the future of international arbitration
New podcast series exploring the evolving challenges and innovations of international arbitration by the members of the CMS International Arbitration Group
30/09/2021
Business Human Rights emerging as a new field of arbitration?
In 2011, the Human Rights Council of the UN General Assembly published the "Guiding Principles on Business and Human Rights". The general purpose behind these principles is to enhance standards and practices...
14/04/2021
CMS Switzerland ranked by The Legal 500
Rankings of CMS Switzerland in The Legal 500 EMEA 2021 edition CMS Switzerland is recommended in 18 categories in this year's Europe, Middle East and Africa edition of The Legal 500, published in April...
18/01/2021
Imposing virtual arbitration hearings in times of COVID-19: The Swiss perspective
On 6 July 2020 the Swiss Federal Tribunal has issued a decision in which it has held that the COVID-19 pandemic does not serve as a sufficient justification to impose virtual hearings in state court proceedings...
27/07/2020
The modification of Switzerland's international arbitration law
Switzerland is one of the leading countries when it comes to international arbitration and it is no secret that this is mainly due to its excellent legal framework, embodied in Chapter 12 of Switzer­land’s...
23/06/2020
International Disputes Digest - Summer Edition 2020
Back to main page Welcome to the summer edition of our International Disputes Digest, a bi-annual publication featuring analysis and commentary on the key trends currently shaping the global dispute resolution...
15/04/2020
New rankings from "The Legal 500" for CMS Switzerland
New rankings from "The Legal 500" for CMS Switzerland CMS Switzerland is being recommended in 16 categories in this year's edition of The Legal 500, published in April 2020. We are particularly pleased...
01/03/2020
The New Swiss Financial Market Legislation – New Momentum for ADR?
On January 1, 2020, the new Financial Services Act (FinSA), introducing new regulations for financial services, and the Financial Institutions Act (FinIA), harmonising the authorisation rules for financial...
05/12/2019
Emergency relief in international arbitration
The name of the Scottish philosopher Adam Smith is inseparably linked to his manifesto on free-market capitalism and the division of labor - An Inquiry Into The Nature And Causes Of The Wealth Of Nations...