Back to full list

Dr. Hansjörg Stutzer

Thouvenin Rechtsanwälte, Zurich, Switzerland
Founding Partner
A law firm specialising in commercial law, corporate law, merger and acquisitions, litigation, arbitration, telecommunication and new technologies, banking law, real estate and competition law.

Practice Summary

Arbitration (commercial, investment treaty and sport arbitration), corporate and commercial, telecommunication, joint ventures, interim management.

Hansjörg Stutzer acted as chairman, sole arbitrator (party appointed and appointed by arbitration institutions), party-appointed arbitrator, counsel and co-counsel in over 155 international and national arbitrations under the rules of ICC, LCIA, UNCITRAL, CAS, Swiss Rules, Vienna Rules, Zurich Chamber of Commerce, Slovak Arbitration Court and ad hoc.

For the above proceedings the laws of the following states were applied: Argentina, Austria, Belgium, Brazil, Czech, England, France, Georgia, Germany, Hungary, Iceland, India; Italia; Luxembourg, Norway, State of Ohio, Poland, Slovakia, South Africa, Spain, Switzerland, Turkey and two cases under “ex aequo et bono”.

Areas of Experience (Select to add to the CV download)

Commercial Arbitration

Disputes involving, amongst other, disputes on turn-key factories, shareholders agreements (amongst other re change of control, dead lock, transfer of shares and change of management), adjustment of purchase prices under M&A agreements, break-up of joint ventures, mining and oil exploitation (confirmed in the Court of the Queen’s Bench of New Brunswick, Canada), performance under franchise agreements and various aspects of performance and termination under distributorship agreements and agency agreements (such as telecommunications, pharmaceutical, steel trading).
Investment Treaty Arbitration: expropriation and discriminatory treatment in energy sector.

Sport Arbitration

Transfers of football players, disciplinary sanctions against football clubs and doping disciplinary offences of football players and actions for annulment of arbitral awards at the Swiss Federal Supreme Court in Lausanne, in particular, and most recently, (4_558/2011, March 27, 2012) in the matter of Francelino Metuzalem da Silva vs FIFA, representing the player, in the first decision of the Federal Supreme Court in the 25 years of existence of the Private International Law Act (“PILA”) annulling an arbitral award rendered in Switzerland based on Art. 190 (2)(e) PILA for violation of public policy.

What the directories say

Chambers & Partners 2014:
“Hansjörg Stutzer of Thouvenin Rechtsanwälte is recognized both in Switzerland and a broad as a skilled arbitrator.”
Chambers & Partners 2013:
“….Hansjörg Stutzer of Thouvenin Rechtsanwälte is a sought-after arbitrator, impressing commentators with his “free-thinking, tactical approach.” He also draws praise for his engaging manner and ability to establish a good rapport with all parties involved.”
Who’s Who Legal 2014:
“The “top-notch” Hansjörg Stutzer of Thouvenin is picked out for the “depth and quality of his practice”.”
Who’s Who Legal 2013:
“… In Zurich, Hansjörg Stutzer of Thouvenin Rechtsanwälte stands out as a “first-rate practitioner”, and received admiring comments from across Switzerland and beyond.”
Legal 500 2013:
“… Hansjörg Stutzer is highly regarded for arbitration.”

Panel of Arbitrators

Swiss Panel of ICC Arbitrators
The Chartered Institute of Arbitrators (MCIArb)
Arbitration Court of the Slovak Chamber of Commerce and Industry

Publications

- “The Yukos-Award – Spectacular but no Special”
Neue Zürcher Zeitung, August 12, 2014
- Arbitration Newsletter Switzerland; comments on selected decisions of the Swiss Federal Supreme Court in Lausanne on actions for annulment of arbitral awards, ongoing and published on www.thouvenin.com news arbitration
- Revised IBA Rules on the Taking of Evidence and new Guidelines and new Recommendations – do we need all of this? “sansfrontières”, SJ Berwin, Issue 10, September 20, 2010
- Accord Suisse-Libye, des questions en suspens
Le Temps, June 25, 2010
- Les clauses ambiguës de l’accord passé avec Tripoli,
Le Temps, August 28, 2009
- Verfahrensrechtliches zum Schiedsvertrag der Schweiz mit Libyen,
Neue Zürcher Zeitung, S. 19, August 26, 2009
- Country Report on Switzerland, in PLC Cross-border Dispute Resolution Handbook 2008/05
Volume 2: Arbitration
- Interim Measures in Arbitration, in International Arbitration and Mediation,
Yorkhill Law Publishing, 2007
- Swiss Federal Supreme Court: Waiver of Annulment and the Right to be Heard,
IBA Arbitration Committee, Newsletter, August 2007
- Swiss Amendment to Private International Law Act expected soon,
Global Arbitration Review, Volume 1, Issue 5, 2006
- Der Anwalt im Verwaltungsrat: Welche Fähigkeiten sind besonders gefragt?,
Neue Zürcher Zeitung, S. 31, November 16, 2006

Lectures

- Lecturer at the Instituto Superior de Derecho y Economia (ISDE), Madrid, LL.M. in International Sports Law, on “Swiss Arbitration Law” and “Advocacy in Arbitration” (2013 and 2014)
- Hong Kong Conference of March 2014
- “The IBA Guidelines on Party Representation”, June 2014, Tel Aviv
- “Arbitration, why at all and, if so, how?” Zug, September 2013
- ”The relevant decisions of the Federal Supreme Court in the last 12 months”, Cascais, June 2013
- Arbitraje Internacional: Por qué, Cuándo y Cómo, Santa Cruz, April 2013
- “citius, altius, fortius – also in Sportslaw?” – A critical analysis of recent decisions of the Federal Supreme Court in sportsarbitration cases, Zurich Lawyers Association, October 2012
- “Challenges of arbitrators – a critical analysis of the Federal Supreme Court’s case law”, Swiss Arbitration Association, Zurich Section, June 2012

Executive Positions
Posalux SA, Bienne, Switzerland
Vice Chairman of the Board, 1995 –
Precision and Erosion Drilling (ca. 150 employees)

Satlynx AG, Leuk, Switzerland
Vice Chairman of the Board, 2001 – 2012
Chairman of the Board, 2003 – 2005
Satellitecommunication

Bosshard + Co. AG, Rümlang, Switzerland
Member of the Board, 1995 –
Paint and Coating (ca. 120 employees)

Locher-Hauser Group, St. Gallen, Switzerland
Chairman of the Board, 1991 – 1996
Steel Trading and Construction Supply (ca. 250 employees)

L. Kellenberger + Cie. AG, St. Gallen, Switzerland
Chairman of the Board, 1990 – 1995
Member of the Board, 1988 – 1990
Precision Grinding Machines (ca. 150 employees)

As well as non-executive board memberships of various other Swiss companies, in particular Swiss subsidiaries of foreign groups, such as SCA, Mölnlycke and ESAB.

Professional Associations
Member Swiss Arbitration Association
Member Chartered Institute of Arbitrators (MCIArb)
Member London Court of International Arbitration
Member Miami International Arbitration Society
Member DIS The German Institution of Arbitration
Member Zurich and Swiss Bar Association
Member International Bar Association
Member International Council for Commercial Arbitration (ICCA)
Member CBar – Brazilian Arbitration Committee
Member Club Español del Arbitraje
Member Rex Sport

Languages
German, English, French, Italian (read) and Spanish (read)

Education
1980 Doctorate in Law (Dr. iur.), University of Zurich
1971 Degree in Law (lic. iur.), University of Zurich
Professional Experience
1983 – Partner, Thouvenin Rechtsanwälte, Zurich
1982 Associate, Baker & McKenzie, New York
1978 – 1981 Associate, Homburger Achermann Müller & Heini, Zurich
1976 – 1978 Associate, Meister & Stickelberger, Zurich
1975 – 1976 Assistant of a Judge at the District Court of Affoltern (Canton of Zurich)
Professional Licence
1977 Admitted to the Bar of Zurich

 

 
 
 

“4-5 Gray’s Inn Square boasts a number of extremely talented barristers”

Legal 500