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Portrait of Philipp J. Dickenmann

Philipp J. Dickenmann, LL.M.

Partner

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

Philipp Dickenmann is the head of the Dispute Resolution Practice Group of CMS Zurich. He also serves as core team member of the global CMS Dispute Resolution Practice Area Group as well as the CMS Commercial Practice Area Group.

Philipp Dickenmann has extensive experience in commercial litigation and international arbitration. He acts as counsel and co-counsel, sole arbitrator and co-arbitrator in numerous national and international cases. This includes arbitrations conducted under the ICC Rules of Arbitration, the Swiss Rules of International Arbitration, the UNCITRAL Arbitration Rules and the CAS Rules. Regarding litigation, Philipp Dickenmann frequently represents clients in court proceedings before local and cantonal courts, and has been acting in over twenty cases before the Swiss Federal Supreme Court.

In addition, Philipp Dickenmann's practice focuses on commercial matters, sports law and employment law. His commercial practice includes the drafting and negotiating of distribution and cooperation agreements, sales and supply contracts, service agreements, outsourcing arrangements, and manufacturing agreements. Another part of Philipp's commercial practice is advising its clients on possibilities to limit their exposure in contracts, as well as the wording of General Terms & Conditions.

Clients for which Philipp Dickenmann is acting include manufacturers, companies of the energy sector, distributors, trading companies, companies of the consumer products sector, supermarket chains, chemical companies, companies of the automobile & parts sector and airlines. He also represents numerous companies of the service sector, including banks, auditing companies, fund managers, brokers, IT-companies and sports clubs.

Philipp Dickenmann joined CMS Zurich in 2002, after having completed his postgraduate studies at the University of Chicago School of Law. He is a partner since 2008.

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Relevant experience

  • Counsel for one of the largest European manufacturing and technology companies in an ICC arbitration regarding a construction project in the Middle East. Main issues of the dispute include the scope of work, additional work claims and delay claims. Amount in dispute: EUR 14,000,000.
  • Counsel in an international arbitration between a multi-national company and its national distributor regarding termination of a joint venture / distribution contract. Amount in dispute: EUR 60,000,000.
  • Represent a large European energy (oil & gas) company (main contractor) in an international arbitration brought by its German subcontractor. The dispute relates to a construction project in South America and involves claims and counterclaims.
  • Represent a leading Swiss bank in a court case brought by a customer for breach of contract.
  • Acting as counsel for a large auditing company in a complex litigation brought by the receiver of an insolvent company against the board of directors and the auditor.
  • Represent a large Norwegian brokerage company in the enforcement of a Norwegian award in Switzerland - successfully pierced the corporate veil and seized the Swiss assets of the owner of the debtor company. Amount in dispute: EUR 12,000,000.
  • Counsel for a leading IT company in a compensation claim filed with the Commercial Court of Zurich regarding a large outsourcing project; the IT company and its customer, a major Swiss company, are in dispute whether and to what extent certain services were provided, whether certain services were provided in accordance with the contract, and whether certain services entitle the IT company to additional compensation. Amount in dispute: CHF 15,000,000.
  • Acting as sole arbitrator, appointed by the Swiss Chambers, in a dispute between a Finnish producer and an Austrian company regarding the delivery and defects of products.
  • Party counsel to FC Shakhtar Donetsk inappellate proceedings before the Swiss Federal Supreme Court in the high profile "Matuzalém" case regarding compensation for breach of the employment contract by the football player Matuzalém. Amount in dispute: EUR 14,000,000.
  • Advising and representing a multinational company in numerous commercial issues, including advice on its general terms & conditions, on supply agreements with customers, on contracts with service providers, and the termination of distribution agreements.
  • Advise a manufacturer on complex framework and sales contracts with customers in Europe and overseas.
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Memberships & Roles

  • Zürcher Anwaltsverband (ZAV)
  • Schweizerischer Anwaltsverband (SAV)
  • Swiss Arbitration Association (ASA)
  • International Bar Association (IBA)
  • International Association of Defensce Counsel (IADC)
  • European Justice Forum (EJF)
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Publications

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Lectures list

  • May 12, 2017, Meeting of the World Law Group in Warsaw, Poland: "Revised ICC Rules – The changes every lawyer should be aware of"
  • May 20, 2016, Meeting of the International Association of Defense Counsel in Zurich, Switzerland: "Ever more standards and a claim for more transparency – is international arbitration still the premier international dispute resolution mechanism or is it bound to lose its advantages that made it great?"
  • February 18, 2016, CMS Webinar: "Swiss Law in Sales Contracts"
  • May 2015, CMS Webinar: "Limitation of liability in supply contracts"
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Education

  • 2002  Master of Laws (LL.M.), University of Chicago School Law (US)
  • 1999  Bar admission (Zurich)
  • 1997 and 1998  Law clerk for the District Court of Zurich
  • 1996  University of Zurich School of Law (lic.iur.), magna cum laude
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Feed

29/07/2021
In­ter­na­tion­al ar­bit­ra­tion law and rules in Switzer­land
Most ar­bit­ra­tions in Switzer­land are in­ter­na­tion­al. Only a small minor­ity of agree­ments between two Swiss com­pan­ies in­cludes an ar­bit­ra­tion clause. The two Swiss hubs for com­mer­cial ar­bit­ra­tion are Zurich...
28/07/2021
In­ter­im meas­ures in Switzer­land
1. Ap­plic­able Law 1.1.1 On 1 Janu­ary 2011 Switzer­land faced the dawn of a new era in lit­ig­a­tion. Due to its fed­er­al state struc­ture, un­til this date civil pro­ced­ur­al law was reg­u­lated on a can­ton­al level...
15/04/2021
Law and reg­u­la­tion of con­sequen­tial dam­ages clauses in the en­ergy sec­tor...
1. Do the words “con­sequen­tial loss” have a giv­en mean­ing in law? The Swiss Code of Ob­lig­a­tions (“CO”) does not in­clude a defin­i­tion for the terms “con­sequen­tial loss”, “dir­ect loss”...
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...
04/02/2021
Law and reg­u­la­tion of force ma­jeure in Switzer­land
1. Is there le­gis­la­tion on force ma­jeure in your law sys­tem? Un­der Swiss law, there is no stat­utory defin­i­tion of "force ma­jeure". In the ab­sence of an ex­pli­cit "force ma­jeure" clause in a con­tract...
03/02/2021
Class ac­tions in Switzer­land
See the Over­view of the Rep­res­ent­at­ive Ac­tions Dir­ect­ive >> 1. Do you have a spe­cif­ic pro­ced­ure or pro­ced­ures for bring­ing “opt-in” class ac­tions?  If so, please out­line such pro­ced­ure(s) and...
Comparable
25/06/2020
Re­cog­ni­tion and en­force­ment of for­eign judg­ments in Switzer­land
1. Is there an ex­equatur pro­ced­ure? Yes. If a party does not vol­un­tar­ily com­ply with a for­eign award, there is a pro­ced­ure to re­cog­nise the for­eign de­cision re­spect­ively to de­clare it en­force­able.Un­less...
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...
25/03/2020
Q&A | Force ma­jeure un­der Swiss law - Re­quire­ments and con­sequences
Force ma­jeure un­der Swiss law - Re­quire­ments and con­sequences Ques­tions and an­swers in re­la­tion to COV­ID-19 in Switzer­land  Is there le­gis­la­tion on force ma­jeure in Switzer­land? Un­der Swiss law, there...
28/10/2019
Dis­tri­bu­tion law in Switzer­land
Agency Agree­ments Swiss law on Agency Agree­ments is set out in the Swiss Code of Ob­lig­a­tions (CO), art­icles 418 and fol­low­ing. Form­a­tion of Agency Agree­ment Are there any form­al re­quire­ments on con­clud­ing...
16/04/2019
CMS Switzer­land fur­ther im­proves its rank­ing with The Leg­al 500
CMS Switzer­land fur­ther im­proves its rank­ing with The Leg­al 500 We are de­lighted to an­nounce that CMS Switzer­land is be­ing re­com­men­ded in 12 cat­egor­ies in this year's edi­tion of The Leg­al 500, pub­lished...
01/11/2015
War­ranty law in sup­ply con­tracts in Switzer­land
Gen­er­al Re­marks In gen­er­al, the same pro­vi­sions of the Swiss Code of Ob­lig­a­tions ap­ply for B2B con­tracts as well as for sales con­tracts vis-à-vis con­sumers. Ad­di­tion­al rules/re­stric­tions ap­ply for cer­tain...