Home / People / Reto Hunsperger

Reto Hunsperger, LL.M.

Partner

Portrait ofReto Hunsperger

Reto Hunsperger, LL.M.

Partner

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

Reto Hunsperger specialises in litigation and arbitration. With this focus, he represents national and international companies and individuals before state courts and arbitral tribunals (under ICC Rules, Swiss Rules and CAS Rules), mainly in civil, enforcement and sport law matters. In addition, he serves as arbitrator.

A further focus of Reto Hunsperger lies on all sorts of domestic and international insolvency matters. He has in particular profound expert knowledge in the area of international insolvency law and he advises and assists i.a. foreign insolvency administrators in enforcing claims and adding domestic assets to the foreign insolvency estate. Likewise, he has broad know how in the Swiss insolvency law like for example in the representation of parties in all matters of debt enforcement, bankruptcy and restructuring related proceedings before Swiss authorities and courts.

Finally, Reto Hunsperger is member of the core team of the global CMS Commercial Practice Area Group. He advises his clients in all aspects of commercial law matters, in particular in the drafting of tailor-made sales and service agreements and of complex distribution arrangements as well as of general terms and conditions.

After a traineeship as attorney trainee with a major Zurich business law firm he was admitted to the bar in 2005. He then worked for three years as an associate of a middle-sized law firm in Zurich. Reto Hunsperger joined CMS as attorney in 2009 and is partner since 2015.

“In my view, the role of a good litigator is not only to vigorously defend the client’s interests in an ongoing litigation, but also – at first – to carefully analyse the client’s legal starting position and to discuss with him frankly and fairly the chances, risks and possible costs connected with a potential initiation of proceedings.”

“Being a father of two boys, I enjoy spending spare time with my family, preferably by doing sports.”

more less

Responsive, good business acumen, well prepared, strong negotiator.

IFLR 1000, client feedback, 33rd edition (2023/2024)

Good responsiveness. Quick and creative solutions.

IFLR 1000, client feedback, 33rd edition (2023/2024)

With Reto Hunsperger, you can sense the inner drive to get the best out of a situation. He is dedicated, persistent and gets to the point.

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

Reto Hunsperger and his team are responsive, extremely competent and have a thorough and practical approach of the cases.

The Legal 500, Switzerland, Insolvency and Corporate Recovery, 2022

Reto Hunsperger is highly articulate and responsive. You always get a response and the right one.

The Legal 500, Switzerland, Insolvency and Corporate Recovery, 2022

Reto Hunsperger: feedback at short notice; profound knowledge; ability to think strategically.

The Legal 500, Switzerland, Commercial, Corporate / M&A, 2021

Reto Hunsperger understands the problems immediately and presents several solutions, not only one. He is really experienced, he knows the theoretical and practical side of each legal problem. Apart from his ingenuity, he has an excellent personality, with whom everyone can find the common “language”. We were always in good hands.

The Legal 500, Switzerland, Dispute Resolution: Litigation, 2021

Reto Hunsperger is a great professional, always keen to find out the best and practical solution and is extremely responsive.

The Legal 500, Switzerland, Insolvency and Corporate Recovery, 2021

The consistent, persistent, and precise Reto Hunsperger delivers excellent results.

The Legal 500, Leading Firms: German-speaking Switzerland, 2020

Responsive, good business acumen, well prepared, strong negotiator.

IFLR 1000, client feedback, 33rd edition (2023/2024)

Good responsiveness. Quick and creative solutions.

IFLR 1000, client feedback, 33rd edition (2023/2024)

With Reto Hunsperger, you can sense the inner drive to get the best out of a situation. He is dedicated, persistent and gets to the point.

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

Reto Hunsperger and his team are responsive, extremely competent and have a thorough and practical approach of the cases.

The Legal 500, Switzerland, Insolvency and Corporate Recovery, 2022

Reto Hunsperger is highly articulate and responsive. You always get a response and the right one.

The Legal 500, Switzerland, Insolvency and Corporate Recovery, 2022

Reto Hunsperger: feedback at short notice; profound knowledge; ability to think strategically.

The Legal 500, Switzerland, Commercial, Corporate / M&A, 2021

Reto Hunsperger understands the problems immediately and presents several solutions, not only one. He is really experienced, he knows the theoretical and practical side of each legal problem. Apart from his ingenuity, he has an excellent personality, with whom everyone can find the common “language”. We were always in good hands.

The Legal 500, Switzerland, Dispute Resolution: Litigation, 2021

Reto Hunsperger is a great professional, always keen to find out the best and practical solution and is extremely responsive.

The Legal 500, Switzerland, Insolvency and Corporate Recovery, 2021

The consistent, persistent, and precise Reto Hunsperger delivers excellent results.

The Legal 500, Leading Firms: German-speaking Switzerland, 2020

Relevant experience

  • Advise and representation of German insolvency administrator in connection with the enforcement of assets (of the insolvency estate) located in Switzerland, including ordering conservatory measures
  • Representation of a Norwegian creditor in the enforcement of Norwegian judgements in Switzerland, including the successful application for a freezing order by lifting the corporate veil and conduct of the ensuing opposition proceedings       
  • Representing an external audit company of a Swiss bank as respondent in recourse proceedings initiated by the bank's internal auditor
  • Representation of a (former) member of the board of a listed Swiss company in multimillion director’s liability proceedings initiated by the bankruptcy estate of the Company
  • Representation of a client of a Swiss private bank asserting claims for damages against the bank for negligent asset management services
  • Representation of an investor in ICC arbitration proceedings under Swiss Rules for claiming damages due to a deception by the initial shareholders
  • Advising client active in the life science sector on the negotiation of distribution agreements for the CEE area 
  • Negotiation of multimillion subcontract for the delivery of parts for transport vehicles
more less

Memberships & Roles

  • Zurich Bar Association (ZAV)
  • Swiss Bar Association (SBA)
  • Swiss Association for Sport Law (ASDS)
more less

Publications

  • Beschwerdelegitimation von Gläubigern gegen Konkurseröffnungsentscheide infolge Insolvenzerklärung, Besprechung von BGer 5A_452/2021 vom 14. Dezember 2022, ZZZ 2022, S. 200 ff. (together with Dr Majolaine Jakob)
  • COVID-19-Krise: Vorübergehende Anpassungen des Schweizer Insolvenzrechts, NZI 13/2020, p. 550 ff. (together with Dr Marjolaine Jakob)
  • Zur Liberalisierung des schweizerischen internationalen Insolvenzrechts, NZI 14/2018, p. 545 ff. (together with Dr Marjolaine Jakob)
  • Kaufvertrag (nach Schweizer Recht), Kaufvertrag (nach Wiener Kaufrecht) in: Münch/Lehne/Probst, Schweizer Vertragshandbuch, Musterverträge für die Praxis, 3. Auflage, Helbling Lichtenhahn Verlag 2018 (together with Katja Egle, Philipp S. Gelzer)
  • Wirtschaftssanktionen: Was ist zu tun? Zürcher Wirtschaft Ratgeber 05/2018
  • Internationales Konkursrecht der Schweiz - Quo Vadis?, AJP/PJA, 09/2017
  • Fallstricke des Replikrechts im Zivilprozess – eine Replik, AJP/PJA, 04/2017
  • Erfüllungsklage des Käufers, Vorsorgliche Massnahmen zur Erfüllungsklage des Käufers, Klage des Käufers beim Verzug des Verkäufers in: Fischer/Theus Simoni/Gessler, Kommentierte Musterklagen zum Vertrags- und zum Haftpflichtrecht, Schulthess Juristische Medien AG, 2016, (together with Jodok Wicki, Bernhard Lötscher)
  • Fallstricke des Replikrechts im Zivilprozess und Lösungsvorschläge de lege ferenda, AJP/PJA, 07/2013
more less

Lectures list

  • Reto Hunsperger/Marjolaine Jakob, Firma im Krisenfall: Was tun bei drohender Zahlungsunfähigkeit, Kapitalverlust und Überschuldung, Tagung TREUHAND|UPDATE, Luzern, 20 June 2023
  • Fachgruppe SchKG des Zürcher Anwaltsverbands: Vortrag zum Thema: «Revisionsbestrebungen im internationalen Konkursrecht der Schweiz» (together with Dr Marjolaine Jakob, ArbP, Attorney at Law), 15 November 2017
  • "Liability" und "Warranty" in "Commercial Contracts" unter Schweizer Recht - "Lost in Translation" (CMS Commercial Breakfast, client seminar), 26 February 2015
  • AGB – Verloren im Kleingedruckten (CMS Commercial Breakfast, client Seminar), 18 November 2015
more less

Education

  • 2009 - Master of Law (LL.M., in commercial law), University of Cambridge (UK)
  • 2005 - Bar Admission (Zurich)
  • 2002 - Graduation in law (lic. iur.), University of St. Gallen (diploma thesis was honored with the Walter R. Schluep Award 2002 for the best legal diploma thesis of the University's academic year)
more less

Expertise

05/08/2015
CMS Commercial Law Group: an overview
At CMS we pride ourselves on putting the needs and wants of our clients first. With over 3,000 lawyers, across 74 offices, CMS is a truly international law firm and we have a great understanding of the...
Brochures

Feed

06/02/2024
CMS advises Bruker on the agreement to acquire Chemspeed
Bruker Corporation, a NASDAQ-listed US tech company, entered into a definitive agreement for the acquisition of Chemspeed Technologies AG, a Swiss provider of vendor-agnostic automated laboratory R&D and QC workflow solutions. Chemspeed is focused on modular automation and robotics solutions for chemical research, pharma drug formulation, materials research for cleantech and consumer applications. The Chemspeed acquisition accelerates Bruker’s entry into lab automation, digitalisation and scientific software solutions. Chemspeed offers modular automation to enhance productivity in R&D and QC departments to achieve more in less time and without additional staff. Chemspeed complements Bruker’s vendor-agnostic plat­form SciY™ for software automation and digital transformation of R&D labs in the life science, biopharma and cleantech industries. An international CMS team headed by Stefan Brunnschweiler and Andrea Relly (Switzerland), in collaboration with the US law firm Nixon Peabody LLP advised Bruker on all legal aspects of the transaction. CMS Switzer­land­Stefan Brunnschweiler, Lead Partner, Corporate / M&AAndrea Relly, Counsel, Corporate / M&ASamuel Gang, Senior Associate, Corporate / M&AAnna Mast, Associate, Corporate / M&AMarquard Christen, Partner, Competition and ComplianceJulia Haas, Senior Associate, Competition and Com­pli­ance­Bernhard Lötscher, Partner, ComplianceSophie Weber, Associate, ComplianceDr Dirk Spacek, Partner, Intellectual PropertyDr Simone Brauch­bar-Birkhäuser, Partner, Intellectual PropertyOlivia Zingg, Associate, Intellectual PropertyMark Cagienard, Partner, TaxJens Lehmann, Senior Associate, TaxMiryam Meile, Senior Associate, Em­ploy­mentSibylle Schnyder, Partner, Real EstateReto Hunsperger, Partner, Com­mer­cialAl­ex­an­der Salamon, Attorney Trainee, Corporate / M&ASophia Rovelli, Attorney Trainee, Corporate / M&AElisabeth Suter, Attorney Trainee, ComplianceCMS BelgiumKai Neuhaus, Partner, Brussel, CompetitionDavid Rappenglück, Associate, Brussel, CompetitionCMS UKRussel Hoare, Partner, Lon­don, Com­pet­i­tion­Claire Barraclough, Associate, Competition
Deals
31/10/2023
CMS advises Renaissance on the acquisition of the business operations of...
On 31 October 2023, Renais­sance, to­geth­er with industry expert Daniel Lippuner and the management of Heberlein AG, acquired the entire business operations of Heberlein AG. The acquired business will continue to operate unchanged at its current location in Wattwil with the existing management and all employees under the name Heberlein Technology AG. Heberlein was founded in 1835 and has established itself as a leading provider of nozzles for synthetic continuous yarns worldwide, developing, manufacturing, and distributing key components for the chemical fiber industry, with approximately 80 employees. Renais­sance, based in Lausanne, was founded by pension funds for pension funds and has been investing in unlisted Swiss SMEs for over 20 years.A team from CMS, led by Alain Raemy, provided comprehensive legal and tax advice to Renaissance in this transaction. CMS SwitzerlandAlain Raemy, Partner, Corporate / M&AAndrea Relly, Counsel, Corporate / M&AMark Cagienard, Partner, TaxDominik Penkov, Associate, Tax Dr. Simone Brauchbar Birkhäuser, Partner, IP / ITPhilipp Dickenmann, Partner, Dispute ResolutionReto Hunsperger, Partner, RestructuringDr. Marjolaine Jakob, Partner, Re­struc­turin­gOlivia Zingg, Associate, IP / ITHelena Loretan, Associate, Real EstateKatja Bertsche, Senior Associate, Real EstateDr. Miryam Meile, Senior Associate, Employment Anna Mast, Associate, Corporate / M&AAlexander Salamon, Lawyer Trainee, Corporate / M&A
Deals
12/04/2023
CMS Switzerland recommended by The Legal 500 EMEA 2023
Rankings of CMS Switzerland in The Legal 500 EMEA 2023 Edition
News
02/11/2022
CMS advised ISS on the acquisition of Livit FM Services AG
The leading facility management and workplace experience company ISS has acquired Livit FM Services AG from its previous parent company Livit AG. Livit FM Services AG looks after a large proportion of Swiss Life properties in Switzerland. The company has over 670 employees. The takeover of Livit FM Services AG is a strategic acquisition that strengthens ISS Switzerland's market position. The transaction will enable ISS to expand and develop its service delivery to the real estate industry segment. The integration of the acquired company is expected to be completed in the first quarter of 2023. Livit FM Services AG will operate under the ISS brand in the future.A team of CMS led by Dr Daniel Jenny comprehensively advised ISS on all legal matters of this transaction. CMS Switzer­land­Dr Daniel Jenny, Partner, Corporate/M&ADr Ferdinand Blezinger, Associate, Corporate/M&AFlorian Jung, Associate, Corporate/M&AAlexandra Stocker, Associate, Corporate/M&AReto Hunsperger, Partner, Com­mer­cialDr Mar­jolaine Jakob, Partner, Com­mer­cial­Christina Winter, Associate, EmploymentHelena Loretan, Associate, Real EstateMark Cagienard, Partner, Tax
Deals
23/08/2022
Restructuring and insolvency law in Switzerland
1. What is the primary legislation governing insolvency and restructuring proceedings in your jurisdiction? The Debt Enforcement and Bankruptcy Act (Bundesgesetz über Schuldbetreibung und Konkurs) is...
Expert Guide Banking & Finance
Comparable
07/06/2022
Trade secret laws and regulations in Switzerland
General 1. Has the Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their...
Expert Guide Intellectual Property
Comparable
11/04/2022
CMS Switzerland recognised by The Legal 500
Rankings of CMS Switzerland in The Legal 500 EMEA 2022 edition
News
26/11/2021
Legal term for payments in Switzerland
1. Are there any specific legal requirements in respect to payment terms? Since Switzerland is not a member state of the EU, European Directive 2011/7/EU is not ap­plic­able. Swiss law does not provide...
Expert Guide Commercial
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...
News
04/01/2021
Law and regulation of Covid-19 loan moratoriums in Switzerland
1. Description of the legislation 1.1 Is there a moratorium on loans legislation implemented in your jurisdiction? Due to the Coronavirus pandemic the Swiss Federal Council (Bundesrat) enacted on 18/20...
Expert Guide Banking & Finance
Comparable
21/05/2020
Autonomous vehicles law and regulation in Switzerland
1. Is the testing of AVs (SAE Levels 3-5) permitted on public roads in your jurisdiction?  In principle, it is not permitted to drive AVs (SEA Levels 3-5) on public roads in Switzerland. Nevertheless...
Expert Guide Commercial
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...
News
Load more articles