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Insolvency and Restructuring

Switzerland

CMS Switzerland’s Insolvency and Restructuring Team has extensive knowledge in the field of both domestic and international insolvency, restructuring and enforcement law.

Our Competencies

Our core competencies include the representation of parties in all matters of debt enforcement, bankruptcy and restructuring related proceedings before Swiss authorities and courts, such as:

  • Debt enforcement, bankruptcy and composition proceedings
  • Proceedings to set aside the objection
  • Debt enforcement and bankruptcy related appeal proceedings
  • Proceedings concerning actions to contest the schedule of admitted claims
  • Opposition proceedings
  • Avoidance action proceedings
  • Proceedings concerning the freezing of assets
  • Proceedings concerning the enforcement of foreign judgements and arbitration awards in Switzerland

Furthermore, we advise Swiss companies, as well as domestic and foreign financial creditors on restructuring and reorganisation measures. This includes, in particular, providing advice on nonperforming loans and bonds, debt restructuring and financing operations, debt equity swaps, judicial and extrajudicial composition agreements and restructuring loans.

We also have a wealth of experience in the field of international insolvency law, such as advising and assisting foreign insolvency administrators in the enforcement of claims in Switzerland resp. in the addition of domestic assets to the foreign insolvency estate.

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CMS offers ‘advice on short notice’, ‘transparent fees’, an ‘effective global network’ and ‘services that are tailor-made and focused on the clients’ needs based on a deep understanding of their businesses.

The Legal 500, Switzerland, 2018
Who’s Who Leg­al pub­lishes “Thought Lead­ers Switzer­land 2018”
Who’s Who Leg­al pub­lishes "Thought Lead­ers Switzer­land 2018"Sev­er­al of our at­tor­neys have been awar­ded in the first edi­tion of "WWL Thought Lead­ers Switzer­land". The rank­ing has been pub­lished by Who’s Who Leg­al (WWL) and con­tains the lead­ing leg­al prac­ti­tion­ers in their re­spect­ive areas of law.As part of a Q&A, cer­tain "Thought Lead­ers", in­clud­ing our part­ners An­drio Orler and Jodok Wicki, share their ex­tens­ive ex­per­i­ence in their prac­tice area. The in­ter­views with our two part­ners from Zurich and Geneva can be read here.Thought Lead­ers Switzer­land 2018  The fol­low­ing leg­al ex­perts from CMS Switzer­land are among the "Thought Lead­ers Switzer­land 2018":me­di­umMarquard ChristenCom­pet­i­tionme­di­umStefan Ger­ster Con­struc­tion and Real Es­tateme­di­umAn­drio OrlerCor­por­ate Taxme­di­umSibylle SchnyderCon­struc­tion and Real Es­tateme­di­umTo­bi­as SomaryPrivate Cli­entme­di­umClem­ens von ZedtwitzIn­sur­ance and Re­in­sur­anceme­di­umJodok WickiProduct Li­ab­il­ity De­fenceQ&A with Jodok Wicki and An­drio Orler In the in­ter­view with WWL, our tax ex­pert An­drio Orler and our man­aging part­ner Jodok Wicki, spe­cial­ised in the field of product li­ab­il­ity de­fence, re­port on their ex­per­i­ences, cur­rent de­vel­op­ments and chal­lenges in their prac­tice areas.Ac­cord­ing to Jodok Wicki, "resolv­ing dis­putes with mul­tiple parties is al­ways chal­len­ging". He ex­plains in the in­ter­view that "each situ­ation de­mands its own strategy. For in­stance, en­sur­ing a uni­form ap­proach to mul­tiple cases re­quires care­ful plan­ning and over­sight." Gain­ing the re­quired tech­nic­al un­der­stand­ing of the spe­cif­ic product and in­dustry makes the work with his cli­ents par­tic­u­larly in­ter­est­ing.Jodok Wicki ex­plains that "the tech­nic­al de­vel­op­ment will clearly also have an im­pact on the land­scape of product li­ab­il­ity in Switzer­land. Is­sues to con­sider will be, for in­stance, the trends to­wards in­creased use of ar­ti­fi­cial in­tel­li­gence, the private use of ro­bots, self-driv­ing vehicles and nano-products." Read the full in­ter­view with Jodok Wicki.“The pace of the de­vel­op­ments in in­ter­na­tion­al tax is likely to re­main high,” says An­drio Orler, “and will re­quire in­ter­na­tion­al law firms to be more con­nec­ted with their for­eign of­fices to be able to provide a truly glob­al ser­vice.” Cli­ents with tax is­sues, ac­cord­ing to Orler, can par­tic­u­larly rely on "an in­cred­ible in­ter­na­tion­al net­work of highly pre­pared tax spe­cial­ists" of CMS. For An­drio Orler, this is a ma­jor as­set in as­sist­ing cli­ents with in­ter­na­tion­al ex­pos­ure. Read the full in­ter­view with An­drio Orler.About Who's Who Leg­al Who's Who Leg­al has been identi­fy­ing the leg­al prac­ti­tion­ers in vari­ous areas of busi­ness law for over 20 years. On its web­site, WWL presents over 24,000 of the world's lead­ing law­yers and 2,500 con­sult­ing ex­perts from over 150 na­tion­al jur­is­dic­tions. For more in­form­a­tion, vis­it the Who's Who Leg­al web­site.
Your in­tro­duc­tion to CMS Switzer­land
Who we are and what we can do for youCMS von Er­lach Pon­cet is the res­ult of the 2014 mer­ger of CMS von Er­lach Hen­rici and ZPG Avocats, which brought to­geth­er two prom­in­ent Geneva and Zurich based law firms. Work­ing from Switzer­land’s two ma­jor fin­an­cial and com­mer­cial centres, our ex­per­i­enced team provides top tier spe­cial­ist leg­al ex­pert­ise in do­mest­ic and cross-bor­der mat­ters. We de­liv­er in­nov­at­ive, high-value-ad­ded solu­tions in tax, cor­por­ate and em­ploy­ment law fo­cused on your spe­cif­ic re­quire­ments.At CMS von Er­lach Pon­cet we are known for our dis­tinct­ive, per­son­al ap­proach to cli­ent ser­vice and build strong re­la­tion­ships fo­cused on your suc­cess. We are com­mit­ted to meet­ing your needs ef­fi­ciently and have the re­sources and flex­ib­il­ity to form spe­cial­ist teams to handle your na­tion­al and in­ter­na­tion­al trans­ac­tions.This bro­chure aims to give you a closer look at who we are and what we can do for you. Be­cause we put your world first.

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24 April 2020
CMS again achieves top po­s­i­tions in BIL­ANZ / Le Temps rank­ing 2020
The best law­yers in Switzer­land 2020 were se­lec­ted by the busi­ness magazine BIL­ANZ.
02 July 2019
Crowd­fund­ing: The Coun­cil for the EU pub­lishes the next step to­wards an...
On 26 June 2019, the Coun­cil for the European Uni­on pub­lished a com­prom­ise pro­pos­al in re­la­tion to the European Com­mis­sion’s draft frame­work to reg­u­late crowd­fund­ing plat­forms in the EU (the "Crowd­fund­ing...
15 April 2020
New rank­ings from "The Leg­al 500" for CMS Switzer­land
02 April 2019
Crowd­fund­ing: European Par­lia­ment steps up in­vestor pro­tec­tion in its amend­ments...
On 27 March 2019 the European Par­lia­ment ad­op­ted its po­s­i­tion on the Com­mis­sion's pro­pos­als for com­mon rules for crowd­fund­ing plat­forms across Europe. The Com­mis­sion pub­lished the ori­gin­al draft reg­u­la­tion...
15 November 2019
CMS ad­vised ABB on the ac­quis­i­tion of Cas­santec Ltd
An in­ter­na­tion­al team of CMS Switzer­land and Ger­many un­der the lead of Stefan Brunnsch­weiler (CMS Switzer­land) has ad­vised ABB on the ac­quis­i­tion of all shares in Cas­santec Ltd (Cas­santec), a soft­ware com­pany op­er­at­ing out of Zurich and Ber­lin.
26/04/2019
CMS once again one of the lead­ing law firms in Switzer­land
For the third time, the Swiss busi­ness magazine BIL­ANZ has pub­lished its rank­ing of the best law firms in Switzer­land.
16 April 2019
CMS Switzer­land fur­ther im­proves its rank­ing with The Leg­al 500
We are de­lighted to an­nounce that 12 prac­tice areas of CMS Switzer­land have been re­com­men­ded in this year's edi­tion of Leg­al500, pub­lished in April 2019.
21 August 2018
Your in­tro­duc­tion to CMS Switzer­land
CMS von Er­lach Pon­cet is the res­ult of the 2014 mer­ger of CMS von Er­lach Hen­rici and ZPG Avocats, which brought to­geth­er two prom­in­ent ..
22/04/2014
News­let­ter Bank­ing & Fin­ance: Re­struc­tur­ing and In­solv­ency in Europe
The fact that such a vari­ety of sub­jects has sparked in­terest in these dif­fer­ent jur­is­dic­tions il­lus­trates the di­verse nature of Europe’s re­struc­tur­ing and in­solv­ency re­gimes.
11/02/2011
CMS Guide to Re­struc­tur­ing, In­solv­ency and Dis­tressed Debt Trad­ing in Europe
This guide provides a com­par­at­ive ana­lys­is of cer­tain key areas of law and pro­ced­ure for those in­volved in or af­fected by fin­an­cial dis­tress of a cor­por­a­tion and the trad­ing of dis­tressed debt across Europe. It..