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Dr Niklaus Zaugg, LL.M.

Partner

Portrait of Niklaus Zaugg

Dr Niklaus Zaugg, LL.M.

Partner

Contact
CMS von Erlach Partners Ltd
Räffelstrasse 26
P.O. Box
8022 Zurich
Switzerland
Languages German, French, English, Norwegian, Spanish

Niklaus Zaugg is a partner of the CMS Zurich dispute resolution team.

He has engaged in various international and domestic arbitrations as counsel and arbitrator. The arbitrations he has been involved in related to various supply agreements in different industries, to construction projects, as well as to financial and post M&A disputes. Niklaus Zaugg also regularly represents financial institutes in complex banking litigation processes before state courts. He has also 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.

Niklaus Zaugg 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 Zaugg's doctoral thesis was approved by the University of Lucerne.

Before joining CMS and working as an attorney, Niklaus Zaugg 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 been a diplomatic attaché at the Political and Legal Affairs' Section of the Swiss Embassy in Washington, D.C. and has acted 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 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 Leaders, Arbitration, 2023

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 '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

'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 Leaders – Arbitration, 2021

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

Who's Who Legal, Global Leader - Commercial Litigation, 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 Leaders – 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 Leaders – 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 Leaders – Litigation, 2019

"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 Leaders, Arbitration, 2023

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 '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

'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 Leaders – Arbitration, 2021

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

Who's Who Legal, Global Leader - Commercial Litigation, 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 Leaders – 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 Leaders – 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 Leaders – Litigation, 2019

Relevant experience

Arbitration

  • Representing multinational tier one supplier in the automotive industry regarding the delivery of defective components by the sub-supplier in an ICC arbitration before an arbitral tribunal seated in Paris
  • Representing German insolvency administrator regarding an infrastructure project in Turkiye in an ICC arbitration before an arbitral tribunal seated in Geneva
  • Representing multinational tier one supplier in the automotive industry regarding the sub-supplier's threat to stop deliveries in a Swiss Rules emergency arbitration
  • Representing multinational tier one supplier in the automotive industry in a dispute over prices in a Swiss Rules arbitration before an arbitral tribunal seated in Zurich
  • Representing Danish supplier of medical equipment regarding the delivery of nitrile gloves in an ICC arbitration before a sole arbitrator seated in Basle
  • Representing multinational tier one supplier in the automotive industry regarding the delivery of defective components by the sub-supplier in a Swiss Rules arbitration before an arbitral tribunal seated in Zurich
  • Representing multinational designer and supplier of nuclear steam supply systems in relation to the drawing of a bank guarantee in an ICC emergency arbitration
  • Representing multinational tier on supplier in the automotive industry regarding the dispute over the termination of a delivery agreement before an arbitral tribunal seated in Zurich  
  • Representing multinational tier one supplier in the automotive industry regarding the sub-supplier's threat to stop deliveries in an ICC emergency arbitration
  • Representing multinational tier one supplier in the automotive industry regarding a dispute over prices in an ICC arbitration before an arbitral tribunal seated in Düsseldorf
  • Representing multinational German engineering company regarding a construction project in Saudi Arabia in an ICC arbitration before an arbitral tribunal seated in Zurich
  • Representing Turkish airline business regarding a dispute in connection with a wet-lease agreement in arbitration proceedings under the Swiss Rules before a sole arbitrator seated in Zurich
  • Acting as co-arbitrator in a dispute between a Caucasian construction company and a Germany-based global supplier of electromechanical systems and services for hydropower plants regarding a large infrastructure refurbishment project in Central Asia
  • Acting as sole arbitrator in a domestic dispute regarding a shareholders' agreement (Swiss Rules arbitration)
  • Acting as co-arbitrator in a dispute between a German commodities supplier and a Latin American supplier of items for the construction sector (Swiss Rules arbitration)
  • Acting as sole arbitrator in a dispute between a Croatian and a Slovenian company active in the domestic appliances industry (Swiss Rules arbitration)
  • Acting as co-arbitrator in a dispute between a European supplier and a Central Asian telecommunications business (Swiss Rules arbitration)

Litigation

  • Representing large Swiss bank in various cases before the Zurich Commercial and the Zurich District Courts with regard to the issue of negative interests
  • Representing large Swiss bank in various cases before the Zurich Commercial and the Zurich District Courts with regard to the issue of retrocessions
  • Representing large Swiss bank before the Zurich District Court with regard to allegedly unauthorized transactions
  • Representing large Swiss bank before the Zurich District Court with regard to early repayment penalties
  • Representing large Swiss bank before the Zurich District Court for the enforcement of a loan claim secured by a mortgage
  • Representing Swiss private bank before the Zurich Commercial Court with regard to the issue of retrocessions
  • Representing 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
  • Representing Swiss private bank before the Zurich Commercial Court with regard to allegedly unauthorized transactions
  • Representing Swiss subsidiary of 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
  • ICCA International Council for Commercial Arbitration
  • UIA Union Internationale des Avocats
  • Norgesklubben Sveits
  • SEC Handelskammer Schweiz-Mitteleuropa
  • Swiss Diplomats – Zurich Network
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Awards & Rankings

  • Who's Who Legal | Arbitration, 2023 | 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, 2023, 2022 and 2021| National Leader
  • Who's Who Legal | Commercial Litigation, 2021 | 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

  • 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

  • Swiss Arbitration/DIS/VIAC conference "Gemeinsame Schiedsverfahrenskultur in der DACH-Region?", Panel moderation on the topic "Frühzeitige Streitbeilegung" in Basel, November 2022
  • ASA Arbitration Forum, Panel moderation on hot topics chosen by the participants 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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Expertise

Feed

11/04/2022
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25/10/2021
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Publication
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...
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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...
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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...
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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...
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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...
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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 pub­lished...
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11/09/2019
ADR un­der the new Swiss Fin­an­cial Ser­vices Act
On 1 Janu­ary 2020, the new Swiss Fin­an­cial Ser­vices Act (FinSA), in­tro­du­cing new reg­u­la­tions for fin­an­cial ser­vices, will enter in­to force in Switzer­land.In the wake of the 2008 fin­an­cial crisis, it was...
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28/06/2019
In­ter­na­tion­al Dis­putes Di­gest - Sum­mer Edi­tion 2019
Back to main page Wel­come to our In­ter­na­tion­al Dis­putes Di­gest, a new bi-an­nu­al pub­lic­a­tion fea­tur­ing ana­lys­is and com­ment­ary on the key trends cur­rently shap­ing the glob­al dis­pute res­ol­u­tion mar­ket...
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