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Portrait ofPhilipp 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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Co-lead Philipp Dickenmann is routinely entrusted by large banks, auditing and advisory companies to manage disputes.

The Legal 500, Switzerland, Dispute Resolution: Litigation, 2024

Olivier Carrard, Pierre Ducret and Philipp Dickenmann are fine lawyers and arbitrators, with a strong knowledge and experience in sports law, in arbitration in particular.

The Legal 500, Switzerland, Sports Law, 2024

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

12/07/2024
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...
25/03/2024
Price Increases in Commercial Contracts in Switzerland
1. In respect of existing busi­ness-to-busi­ness (B2B) agreements that do not contain an explicit price adjustment clause: a. Is the supplier permitted to unilaterally increase prices (or does it have...
Comparable
14/02/2024
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...
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
31/10/2023
CMS at the Seoul ADR Festival
Emergency arbitration: No longer a novelty but is it effective?
26/06/2023
International Disputes Digest - 2023 Summer Edition
We are pleased to present the summer edition of the International Disputes Digest, our bi-annual publication bringing essential news and analysis on the latest trends in dis­pute-res­ol­u­tion around the world. There are many crises and problems that continue to complicate global business. These include inflation, particularly in the energy sector, as the EU and other regions struggle to wean themselves from Russian natural gas and oil. There is also the US debt crisis, which has weakened international confidence in the economy and distracted Washington from pressing issues, such as its relationship with China and the on-going war in the Ukraine. We hope that the articles in this digest provide readers with the know-how and tools to help them resolve any disputes or setbacks they may face. In this edition, we feature a range of articles from around the world on topics such as ESG litigation, the financial impact of cyber-attacks on businesses, post-merger disputes, the use of arbitration in resolving M&A-related issues, and how disputes can be managed in digital trade transactions. We also explore the reasons behind a wave of class action lawsuits in Portugal, the influence of personal relationships among arbitrators on disclosure, recusal, or appeals, and the 'without prejudice' principle, amongst other matters. We hope that you enjoy reading these articles and please do not hesitate to contact us should you wish to discuss any issues in relation to them.  
12/04/2023
CMS Switzerland recommended by The Legal 500 EMEA 2023
Rankings of CMS Switzerland in The Legal 500 EMEA 2023 Edition
29/03/2023
Join CMS at the Paris Arbitration Week
CMS session followed by drinks reception
23/10/2022
ACC Annual Meeting
CMS - Meet our experts at booth #233 More than 70 percent of the world’s purchasing power is located outside of the United States. So for US companies, establishing or growing their business and investments with their main trade partners – whether in the UK, the European Union, China, Africa or the Middle East – is essential for their success. However, doing business in diverse markets, each with its unique legal environment and ways of practicing law, requires specialist knowledge. Our more than 5,000 lawyers worldwide provide business-focused advice, whether in a single market or across multiple jurisdictions. Our focus is on building long-term partnerships to keep our clients ahead in their chosen markets. CMS is pleased to be sponsoring the Association of Corporate Counsel (ACC) Annual Meeting from 23 - 26 October in Las Vegas (NV). Below you can find an overview of our partners attending the ACC annual meeting, representing a range of jurisdictions, practice areas and sector specialisms . To arrange a meeting, please contact events@cmslegal. com or visit us at booth #233. CMS lawyers will be participating in the following panel dis­cus­sions:UK-based Partner and Head of the CMS Energy & Climate Change Group Munir Hassan -  “Are you an Energy Lawyer? How Energy touches Every Business”CMS Belgium Partner Sophie Berg -  “In­ter­pret­ing the EU Whistleblower Directive: Key Steps to Ensure Compliance”. For more information about the ACC Annual meeting and the programme, please visit their website here. To find out more about CMS, visit the About CMS section. For further information, please see our partners attending the conference in the gallery below and an overview of all our expertise areas.
22/05/2022
ACC Europe Annual Conference 2022
Doing business in diverse markets, each with its unique legal environment and ways of practicing law, requires specialist knowledge. Our more than 5,000 lawyers in 44 countries worldwide provide busi­ness-fo­cused...
11/04/2022
CMS Switzerland recognised by The Legal 500
Rankings of CMS Switzerland in The Legal 500 EMEA 2022 edition
23/03/2022
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...
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