Open navigation
Search
Offices – Switzerland
Explore all Offices
Global Reach

Apart from offering expert legal consultancy for local jurisdictions, CMS partners up with you to effectively navigate the complexities of global business and legal environments.

Explore our reach
Insights – Switzerland
Explore all insights
Search
Expertise
Insights

CMS lawyers can provide future-facing advice for your business across a variety of specialisms and industries, worldwide.

Explore topics
Offices
Global Reach

Apart from offering expert legal consultancy for local jurisdictions, CMS partners up with you to effectively navigate the complexities of global business and legal environments.

Explore our reach
CMS Switzerland
Insights
About CMS

Select your region

Niklaus Zaugg
Partner

Dr Niklaus Zaugg, LL.M.

Languages
  • German
  • French
  • English
  • Norwegian
  • Spanish
Social media

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. 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 is a member of the marketing committee of Swiss Arbitration as well as co-chair of the Swiss Arbitration Ambassador Programme.

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.

Awards & Recognitions
01
  • Quote
    Niklaus Zaugg and his team were very persuasive in presenting their client's case in the written submissions. The case was very complex. The CMS team convinced with the excellent quality of their work.
    Legal 500, Arbitration, Switzerland, 2025
  • Quote
    Stand-out partner for general commercial and construction disputes: Niklaus Zaugg.
    Legal 500, Arbitration, Switzerland, 2025
  • Quote
    "Niklaus is a hands-on, well prepared, experienced and skilled counsel" "His presentations and submissions are extremely persuasive" "He has an impressive and well-deserved reputation in the field"
    Lexology, Index Arbitration, 2025
  • Quote
    "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
  • Quote
    "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
  • Quote
    "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
  • Quote
    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
  • Quote
    The arbitration team lead by Niklaus Zaugg is always to the point and extremely responsive.
    The Legal 500, Switzerland, Dispute Resolution: Arbitration, 2023
  • Quote
    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
  • Quote
    "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
  • Quote
    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
  • Quote
    "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
  • Quote
    Niklaus Zaugg is highly esteemed for his "hard-working and professional" approach to complex litigations.
    Who's Who Legal, Global Leader - Commercial Litigation, 2021
  • Quote
    '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
  • Quote
    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
  • Quote
    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
  • Quote
    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
  • Quote
    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

  • Presiding arbitrator in a dispute between a UAE based and a Serbian company regarding the delivery of raw materials (Swiss Rules; place of arbitration: Zurich)
  • Sole arbitrator in a dispute between a KSA based and a Swiss company regarding the distribution of products in the med-tech industry (Swiss rules; place of arbitration: Geneva)
  • Representation of a private investor in connection with the breach of a settlement agreement by several counterparties based in Switzerland (Swiss Rules; place of arbitration: Zurich)
  • Representation of a Middle Eastern distributor of medical products in a dispute with a Swiss-based counterparty regarding the termination of distribution and agency agreements (Swiss Rules; place of arbitration: Zurich)
  • Representation of a multinational component manufacturer in the automotive industry in a dispute regarding the termination of a supply contract by an Austrian supplier (Swiss Rules; place of arbitration: Zurich)
  • Representation of a French multinational energy supplier against a Brazilian-based counterparty in emergency arbitration proceedings concerning the drawing of a bank guarantee (ICC Rules; place of arbitration: Zurich)
  • Representation of a multinational component manufacturer in the automotive industry in a dispute over the delivery of defective components by a Chinese-based supplier (Swiss Rules; place of arbitration: Zurich)
  • Representation of a multinational component manufacturer in the automotive industry in a dispute over the delivery of defective components by a supplier based in Spain (ICC Rules; place of arbitration: Paris)
  • Representation of a German insolvency administrator against four Turkish-based counterparties in a dispute over an infrastructure project in Turkey (ICC Rules; place of arbitration: Geneva)
  • Representation of a multinational component manufacturer in the automotive industry in emergency arbitration proceedings to avoid a delivery stop by the supplier based in France, Germany and Mexico (Swiss Rules; place of arbitration: Zurich)
  • Representation of a multinational component manufacturer in the automotive industry in a dispute with a supplier based in France, Germany and Mexico regarding price increases requested by the supplier (Swiss Rules; place of arbitration: Zurich)
  • Representation of a Danish seller of medical equipment against a Swiss-based buyer in a dispute over the delivery of medical gloves (ICC Rules; place of arbitration: Basel)
  • Representation of a multinational component manufacturer in the automotive industry in emergency arbitration proceedings to avoid a delivery stop by the supplier based in the Philippines, China and Mexico (ICC Rules; place of arbitration: Düsseldorf)
  • Representation of a multinational component manufacturer in the automotive industry in a dispute with a supplier based in the Philippines, China and Mexico regarding price increases requested by the supplier (ICC Rules; place of arbitration: Düsseldorf)
  • Representation of a German EPC provider against an Italian counterparty in a dispute regarding a construction project in Saudi Arabia (ICC Rules; place of arbitration: Zurich)
  • Representation of a Turkish airline against a Moldovan counterparty in a dispute regarding a wet lease agreement (Swiss Rules; place of arbitration: Basel)
  • Representation of a Finnish energy company against a Turkish counterparty in a dispute regarding a purchase agreement (ICC Rules; place of arbitration: Paris)
  • Representation of a German EPC provider against a Finnish counterparty in a dispute over a plant construction project in Finland (ICC Rules; place of arbitration: Paris)
  • Representation of a Taiwanese pharmaceutical company against an Austrian counterparty before the Swiss authorities and courts in defence against the enforcement of an arbitral award rendered in Germany
  • Representation of a Polish company under receivership against a Russian-based supplier of LNG before the Swiss authorities and courts in defence against the enforcement of an arbitral award allegedly issued in Moscow
  • Sole arbitrator in a dispute between a Spanish and a German company regarding the delivery of a machine for the production of plastic bags (ICC Rules; place of arbitration: Zurich)
  • Sole arbitrator in a post-M&A dispute between a Luxembourg company and Liechtenstein foundations regarding the sale of a bank (ICC Rules; place of arbitration: Zurich)
  • Co-arbitrator in a dispute between an Armenian construction company and a German-based global supplier of electromechanical systems regarding the renovation of infrastructure in Kyrgyzstan (ICC Rules; place of arbitration: Zurich)
  • Sole arbitrator in a dispute between several parties based in Switzerland regarding a share purchase agreement (Swiss Rules; place of arbitration: Zurich)
  • Co-arbitrator in a dispute between a German commodities trader and an Ecuadorian construction company (Swiss Rules; place of arbitration: Zurich)
  • Sole arbitrator in a dispute between a Croatian and a Slovenian company regarding the delivery of household appliances (Swiss Rules; place of arbitration: Zurich)
  • Co-arbitrator in a dispute between a Liechtenstein-based supplier and a Tajik telecommunications company (Swiss Rules; place of arbitration: Zurich)

Litigation

  • Representation of a Swiss bank before the Zurich Commercial Court with regard to a dispute relating to structured products and retrocessions 
  • 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 Swiss bank in various cases before the Zurich Commercial and the Zurich District Courts with regard to the issue of retrocessions
  • Representation of a 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 mortgage claim
  • Representation of a Swiss private bank before the Zurich Commercial Court with regard to 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, including a published leading case regarding the quantification of damage
  • 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

Publications

  • The Impact of Sanctions against Russia at the Enforcement Stage: How to Monetize Awards against Frozen Assets in a Nutshell, juriste international 1/2025, Union Internationale des Avocats, June 2025
  • The Guide to High Net Worth Clients and Arbitration - Strategic considerations: selecting arbitrators, seat, institutional framework and specific clauses, Global Arbitration Review GAR, May 2025
  • Strategic considerations for selecting arbitrators, the seat, institutional framework and specific clauses, in: Greg Falkof (ed.), The Guide to High Net Worth Clients and Arbitration – First Edition, April 2025 (together with Marzia Schilleci and Lukas Brugger)
  • Schweizerische Zivilprozessordnung, ZPO annotée, Kurzkommentar, Art. 150-183, 251a, 353-407e (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 New Swiss Financial Market Legislation – New Momentum for ADR?, juriste international 4/2019, Union Internationale des Avocats, March 2020
  • 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 – Wirkungsweise 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]

Memberships & Roles

  • Zurich and Swiss Bar Association
  • ASA Swiss Arbitration Association
  • Marketing Committee Swiss Arbitration
  • Co-head of Swiss Arbitration Ambassador Programme
  • ICCA International Council for Commercial Arbitration
  • IBA International Bar Association
  • UIA Union Internationale des Avocats
  • Norgesklubben Sveits
  • Swiss Diplomats – Zurich Network
  • German Institution for Arbitration (DIS)
  • LIS Liechtenstein Arbitration Association

Awards & Rankings

  • Lexology Index [formerly Who's Who Legal] | Arbitration, 2021, 2022, 2023, 2024, 2025 | Global Leader | National Leader
  • Lexology Index [formerly Who's Who Legal] | Commercial Litigation, 2021, 2022, 2023, 2024 | Global Leader | National Leader
  • The Legal 500 | Dispute resolution | Switzerland, 2020, 2021, 2022, 2023, 2024
  • Best Lawyers | International Arbitration, Litigation | Switzerland, 2023, 2024, 2025

Lectures list

  • International Commercial Arbitration and the Rule of Law: Perspectives from Around the World, lecture at New York State Bar Association International Section 2025 Global Conference in Hamburg, October 2025
  • Document Production Reloaded: Hands-on Ansätze für die Praxis, lecture and moderation at ASA Local Group event in Zurich, March 2025
  • Document Production Reloaded: Hands-on Ansätze für die Praxis, ASA Local Group event in Zurich, March 2025
  • How to make use of AI in your next arbitration, lecture at 19th UIA Winter Seminar in Saas-Fee, March 2025
  • Not another panel on AI – Try it out and get Prepared for Your Next Emergency Arbitration!, presentation and panel moderation at CMS Swiss Arbitration Summit event in Zurich, January 2025
  • Access to justice through expedited arbitration proceedings?, lecture at Nepal ADR Week in Kathmandu, December 2024
  • Arbitration Ahead: What's Unfolding in the DACH Legal Frontier?, Leaders League roundtable at Paris Arbitration Week, March 2024
  • "Gemeinsame Schiedsverfahrenskultur in der DACH-Region?", Frühzeitige Streitbeilegung, panel moderation at Swiss Arbitration/DIS/VIAC conference in Basel, November 2022
  • Hot topics, moderation at ASA Local Group Event in Zurich, August 2022
  • How to prepare a Witness Statement, lecture at YOUNG ICCA Skills Training 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
  • 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 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 3rd Tagung zur Schiedsgerichtsbarkeit: Hot Topics, Europa Institut der Universität Zürich in 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

Education

  • Since 2018 Partner with CMS Switzerland
  • 2014 Approval of Niklaus Zaugg's doctoral thesis by the University of Lucerne
  • 2013-2017 Attorney at law with CMS Switzerland
  • 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
  • 2008-2010 Attorney at law with CMS Switzerland
  • 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, D.C.
  • 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)
Practice Areas
Back to top Back to top