Franz X. Stirnimann Fuentes has acted in more than 80 international arbitrations, both as counsel and arbitrator (presiding arbitrator, sole arbitrator, emergency arbitrator and co-arbitrator). He also advises third-party funders on the viability of arbitration claims, particularly under Swiss law. 

The arbitrations were seated in Geneva, Zurich, Paris, London, Stockholm, Madrid, Frankfurt, Vienna, Berlin, Helsinki, ICSID/Washington, D.C., Mexico-City, Lima, Medellin.

The arbitrations were conducted under the rules of major international and regional arbitration institutions (ICC, ICSID, LCIA, UNCITRAL, the Swiss Rules, DIS (Germany), SCC (Stockholm), CAM, CIAM and CIMA (Madrid), VIAC (Vienna), FAI (Helsiki), CCL (Lima), and ad hoc.

The arbitrations were subject to both civil or common law, including the substantive laws of Switzerland, Spain, France, Germany, Austria, England, Sweden, Russia, Finland, Bulgaria, Turkey, Algeria, New York, Mexico, Colombia, Ecuador, Peru, Uruguay, public international law, EU (competition and IP) law, and according to equity.

The language of these arbitrations were English, Spanish, French, and German or they were bilingual (Spanish/English; English/French; Spanish/French).

The arbitrations related to international joint ventures, post-M&A disputes, shareholder agreements, manufacturing and R&D, licensing/intellectual property rights, international sales, agency and distribution, and investor-State disputes, and span a broad range of industry sectors.

Construction

  • Counsel to a major Austro-German construction company in a Geneva-seated ICC arbitration relating to a Franco-Austrian joint-venture for the construction of toll highways in Poland (Swiss law; English language)

  • Counsel to a major French engineering company in a Geneva-seated ICC arbitration relating to a Franco-German joint venture for the assembly of metro cars in France and Greece (Swiss law; English-language)

  • Counsel to a major French engineering company in a Zurich-seated ZCC arbitration relating to the design, engineering and supply of several power plants under an EPC contract in the USA and Mexico (Swiss law; English language)

  • Counsel to Romanian state-owned transportation company in a Geneva-seated ICC arbitration relating to the joint venture for the construction of rail tracks in Romania (Swiss law; English language)

  • Presiding Arbitrator in a Mexico City-seated LCIA arbitration relating to the design, manufacture and supply of an electrical power plant in Mexico (Mexican law; Spanish language)

  • Presiding Arbitrator in a Medellin-seated ICC arbitration relating to a large infrastructure construction project in Medellin, Colombia (Colombian law; Spanish language)

  • Presiding Arbitrator in a Mexico-City seated ICC arbitration relating to the design, manufacturing and supply of technological equipment for the construction of a steel production plant in Mexico (CISG/Swiss and Mexican law; English language)

  • Presiding Arbitrator in three parallel London-seated LCIA arbitrations relating to the procurement and construction of photovoltaic plants in solar parks in the UK (English law; English language)

  • Presiding Arbitrator in a Mexico City-seated ICC arbitration relating to a joint venture agreement for the engineering, design and construction of a petrochemical complex in Mexico (Mexican law; Spanish language)

  • Sole Arbitrator in a Las Vegas/Nevada-seated CIMA (Corte Civil y Mercantil de Madrid) arbitration relating to a construction dispute in the US solar energy sector (Nevada law; English language)

  • Sole Arbitrator in a Zurich-seated ICC arbitration relating to a dispute concerning a pair of (pre-) concentrator contracts (Spanish law; English language)

  • Sole Arbitrator in a Madrid-seated ICC arbitration relating to the construction of a tolling high-way in Bolivia (Bolivian law; Spanish language)

  • Sole Arbitrator in a Madrid-seated ICC arbitration relating to the financing of a joint venture agreement for the engineering, design, and construction of a petrochemical complex in Mexico (Spanish law, English language)

  • Co-Arbitrator in a London-seated ICC arbitration relating to the engineering, procurement, and construction of an electric power plant in Abu Dhabi (UAE law; English language)

  • Co-Arbitrator in a Madrid-seated ICC arbitration relating to the engineering, procurement, and construction of a photovoltaic plant under an EPC contract in Mexico (New York law; English language)

  • Co-Arbitrator in a Zurich-seated ICC arbitration relating to a joint venture agreement regarding the design, engineering and supply of electrical equipment for a major infrastructure project under an EPC contract in Turkey (Swiss law; English language) 

  • Co-Arbitrator in a Madrid-seated CAM (Madrid Corte de Arbitraje) arbitration relating to an agreement for the design, construction and supply of a plant for the production and processing of biomass in Spain (Spanish law; Spanish language)

Oil & gas, energy

  • Counsel to a Qatari energy and infrastructure consulting company in a Geneva-seated UNCITRAL arbitration relating to a dispute in relation to a business development cooperation agreement relating to the downstream oil & gas sector (Swiss law; English language; award published in ASA Bull. 1/2011)

  • Counsel to a Nigerian oil exploration & production company in a Geneva-seated ICC arbitration relating to a joint-venture dispute in the oil & gas sector (English and Nigerian law; English language)

  • Legal advisor to an Italian engineering company in relation to a possible dispute concerning the breach of an EPC contract in the electricity sector (Swiss law; English language)

  • Presiding Arbitrator in a Lima-seated CCL (Cámara de Comercio de Lima) arbitration relating to a long-term electricity supply agreement (Peruvian law; Spanish language)

  • Presiding Arbitrator in a Geneva-seated ICC arbitration relating to a joint operations agreement in the upstream oil & gas sector in Algeria (English law, English language)

  • Co-Arbitrator in a Miami-seated ICC multi-party arbitration relating to a contract for the exploitation of an oil field in Peru (Peruvian law; Spanish language)

  • Co-Arbitrator in Paris-seated ICC arbitration relating to a share purchase and concession agreement between a Greek state-owned oil & gas investment company and an Eastern European country relating to a large oil refinery (Swiss law; English language)

Mining and commodities

  • Counsel to a Swiss commodity company in a London-seated LCIA arbitration relating to an international coal sales agreement (English law; English language)

  • Counsel to a major international aluminum trading company in a Stockholm-seated SCC arbitration relating to an alumina supply agreement (Swiss, Swedish, and BVI law; English language)

  • Counsel to a major international aluminum trading company in a Zurich-seated ICC arbitration relating to an alumina supply agreement (Swiss and BVI law; English language)

  • Counsel to a subsidiary of major international aluminum producer in a Zurich-seated Swiss Rules arbitration relating to barter and investment agreements on the production of aluminum in Central Asia (Swiss and Tajik law; English language)

  • Counsel to a subsidiary of major international aluminum producer in a Zurich-seated Swiss Rules arbitration relating to a joint venture agreement on the production of aluminum in Tajikistan (Swiss and Tajik law; English language)

  • Sole Arbitrator in a Zurich-seated Swiss Rules arbitration relating to an international metal sales agreement between a Swiss and a Brazilian company (CISG/Swiss law; English language)

  • Sole Arbitrator in a Geneva-seated Swiss Rules arbitration relating to an international metal sales agreement between a Swiss and a Vietnamese company (CISG/Swiss law; English language)

  • Sole Arbitrator in a Geneva-seated Swiss Rules arbitration relating to an international metal sales agreement between a US and a Turkish company (CISG/Swiss law; English language)

Life sciences

  • Counsel to a major Spanish pharmaceutical company in a Zurich-seated ICC arbitration relating to a license, supply and commercialization agreement for generic pharmaceutical products (Swiss law; English language)

  • Counsel to a biotech start-up company in a Helsinki-seated FCC (Finnish Chamber of Commerce) arbitration relating to a non-compete shareholders dispute (Finnish law; English language)

  • Counsel to a biotech start-up company in a Helsinki-seated FCC (Finnish Chamber of Commerce) arbitration relating to a patent licensing agreement in the pharmaceutical industry (Finnish law; English language)

  • Counsel to a major US pharmaceutical company in a Zurich-seated ICC arbitration relating to a trademark licensing dispute (Swiss and US law; English language)

  • Legal advisor to a major US pharmaceutical company in relation to its global arbitration/dispute resolution policy (international arbitration and conflicts of law)

  • Presiding Arbitrator in a Zurich-seated ICC arbitration relating to an international license agreement in the pharmaceutical industry (Swiss law; English language)

  • Sole Arbitrator in a Geneva-seated Swiss Rules arbitration relating to a license development collaboration agreement relating to the development of a rare decease therapy product (Swiss law; English language)

  • Sole Arbitrator in a Paris-seated ICC arbitration relating to an agreement for the sale of pharmaceutical products manufactured in Cuba (Spanish and English law; English language)

Chemicals

  • Counsel to a major European chemical company in a Geneva-seated ICC arbitration relating to a joint venture in the petrochemical sector in the Middle East (Swiss law; English language)

  • Swiss counsel to a European chemical company in a Geneva-seated ICC arbitration relating to a post-M&A dispute in the commodities trading sector (Dutch and Swiss law; English language)

Financial services

  • Counsel to two individual claimants in a Geneva-seated ad-hoc multi-party arbitration relating to a partnership agreement concerning a leading Swiss private bank (arbitration in equity; English and French language; bilingual arbitration) 

  • Counsel to a Cyprus holding company in a Zurich-seated ICC arbitration relating to a dispute arising from a credit facility agreement relating to an investment in the upstream oil & gas sector (English and Cyprus law; English language)

  • Counsel to a French financing company in a Geneva-seated ICC arbitration relating to a post M&A dispute in the financial industry (French and Swiss law, French language)

  • Counsel to a third-party witness in a Frankfurt-seated DIS (Deutsche Institution für Schiedsgerichtsbarkeit) arbitration relating to a post-M&A dispute in the financial sector (German law; English language; reported in Kluwer Arbitration Blog, 20 November 2012)

  • Legal advisor to a major Swiss banking conglomerate in relation to the arbitration/dispute resolution provisions in its internal statutory regulation (Swiss law)

  • Presiding Arbitrator in a Bogota-seated CCB (Centro de Arbitraje y Conciliación de la Camara de Comercio de Bogotá) arbitration relating to a project financing agreement in the Colombian real estate sector (Colombian law; Spanish language)

  • Presiding Arbitrator in a Zurich-seated ICC arbitration between two global investment banks relating to trades on an ETF platform and withholding tax rules (Swiss law; English language)

  • Sole Arbitrator in a London-seated LCIA-administered UNCITRAL arbitration relating to an international financing agreement between a Georgian businessman and a multinational development bank (English law; English language)

  • Sole Arbitrator in a Geneva-seated Swiss Rules arbitration relating to a financing agreement between a Swiss and a French company (Swiss law; German and French language)

  • Co-Arbitrator in a Zurich-seated ICC arbitration relating to a trailer fees agreement subject to Swiss law between Swiss, Bahamian and Vietnamese parties (Swiss law; German language)

Automotive and aeronautic

  • Counsel to a major US manufacturer and distributor of automotive oil lubricants in a Zurich-seated SCAI emergency arbitration and the subsequent Zurich-seated SCAI arbitration relating to a long-term licensing agreement (Swiss law; English language)

  • Counsel to a Belgian airline company in a Paris-seated ad hoc arbitration under the UNCITRAL Rules relating to the termination of an airplane leasing agreement (Namibian, Belgian and Swiss law; English language)

  • Counsel to a major US car equipment producer in a Geneva-seated ICC arbitration relating to a joint venture agreement in the automobile manufacture industry (Spanish and Swiss law; English language)

  • Presiding Arbitrator in a Madrid-seated CAM (Corte de Arbitraje de Madrid) arbitration relating to a complex shareholders agreement in the finance and high-way infrastructure industries (Spanish law; Spanish language)

  • Sole Arbitrator in a Paris-seated ICC arbitration relating to consulting agreements regarding the purchase of aeronautic equipment (French law; English language)

  • Sole Arbitrator in a Paris-seated ICC arbitration relating to a distribution agreement in the car manufacturing industry between a Spanish distributor and a Spanish principal (French law; Spanish and French language, bilingual arbitration)

  • Co-Arbitrator in a Zurich-seated ICC arbitration relating to an airplane leasing agreement between a Swiss and a UK company (Swiss law; English language)

  • Co-Arbitrator in a Zurich-seated ICC arbitration relating to a Franco-Mexican joint venture agreement between a French and a Mexican company in the automobile assembly industry in Mexico (Mexican law; English language)

Consumer products, food, beverage, and entertainment

  • Counsel to a multinational liquid food packaging manufacturer in a Zurich-seated Swiss Rules arbitration relating to an equipment purchase agreement relating to a labeling production line (Swiss law; English language)

  • Counsel to a multinational foodservice company in a Geneva-seated ICC arbitration relating to the termination of a franchise agreement (Macedonian law; English language)

  • Counsel to a US media company in a Berlin-seated DIS (Deutsche Institution für Schiedsgerichtsbarkeit) arbitration relating to a post M&A dispute involving a portfolio of copyrights and merchandising rights (German law; English language)

  • Swiss counsel to a group of respondents from India in two parallel Geneva-seated LCIA multi-party arbitrations relating to a post-M&A dispute in the consumer products industry (English and Swiss law; English language)

  • Presiding Arbitrator in a Madrid-seated ICC multiparty-arbitration regarding a shareholders agreement and executive professional services agreements between two Spanish individuals and a number of private equity investors relating to the gaming industry (Spanish law; English and Spanish; bilingual arbitration)

  • Sole Arbitrator in a Frankfurt-seated DIS (Deutsche Institution für Schiedsgerichtsbarkeit) arbitration relating to a distribution agreement for wine produced in Latin America (German law; English and Spanish language)

  • Co-Arbitrator in a Paris-seated ICC arbitration relating to a manufacturing agreement in the bottling industry between major international bottling companies (French law; French language)

Telecoms

  • Counsel to a major German telecommunications company in a Zurich-seated ICC arbitration relating to a post-M&A dispute involving contractual warranties (New York law; English language)

  • Counsel to an international investment fund in a Stockholm-seated SCC arbitration relating to a shareholder dispute regarding a major Russian telecommunications company (Swedish and Russian law; English language; reported in Mealey’s International Arbitration 22/2007 and The American Lawyer/Focus Europe – Arbitration Scorecard, 2005 and 2007)

  • Counsel to an international investment fund in a Zurich-seated ad hoc arbitration under the UNCITRAL Rules relating to an option agreement for the acquisition of telecom assets in Russia (English, Swiss and Russian law; English language; reported in The American Lawyer/ Focus Europe – Arbitration Scorecard, 2005 and 2007)

  • Counsel to an international investment fund in a Geneva-seated ICC arbitration relating to an option agreement for the acquisition of telecom assets in Russia (English law; English language; reported in Mealey’s International Arbitration 19/2004 and The American Lawyer/Focus Europe – Arbitration Scorecard, 2005)

  • Legal advisor to a Thai telecommunications company in a Swiss Rules arbitration based in Zurich regarding a dispute over the termination of a long-term media broadcasting contract (Swiss and Thai law; English language)

Other sectors

  • Counsel to a third party in a Zurich-seated SCAI arbitration relating to a dispute on the termination of a cooperation and sale agreement in the drone equipment and technology industry (Swiss law; English language).

  • Swiss counsel to a Czech textile company in a Vienna-seated VIAC arbitration relating to the purchase and supply of textile equipment (Swiss law; German language)

  • Presiding Arbitrator in a Geneva-seated ICC arbitration relating to a joint venture agreement in the defence industry (Swiss law; English language)

  • Presiding Arbitrator in a Geneva-seated Swiss Rules arbitration relating to a joint venture agreement in the polymer applications industry (Swiss law; English language)

  • Presiding Arbitrator in a Frankfurt-seated DIS (Deutsche Institution für Schiedsgerichtsbarkeit) arbitration relating to an international distribution and/or financing contract between a German and a Mexican company relating to heavy construction equipment and relevant Mexican customs and importation regulations (German and Mexican law; English and Spanish language)

  • Presiding Arbitrator in a Paris-seated UNCITRAL ad hoc arbitration relating to a distribution agreement in the lighting industry in Spain (Austrian and Spanish law; English language)

  • Emergency Arbitrator in a Geneva-seated ICC arbitration relating to a shareholder dispute involving share purchase option rights in a courier delivery company in Turkey (Swiss law; English language)

Public international law, investment treaties

  • Co-Arbitrator in a ICSID investor-State arbitration (ICSID Case No. ARB/21/25) under the United States-Mexico-Canada Agreement (USMCA) relating to a foreign investment by US companies in the oil & gas sector in Mexico (public international law; English language)

  • Co-Arbitrator in a Stockholm-seated UNCITRAL ad hoc investor-State arbitration administered by the SCC (SCC Case No. S 2016/196) relating to a foreign investment of a group of Italian companies in the real estate sector in an Eastern European country (public international law and Bulgarian law; English language)

  • Counsel to Eastern European state in an UNCITRAL investment arbitration relating to a foreign investment dispute in the banking and real estate sectors under the Cyprus-Montenegro Bilateral Investment Treaty (public international law and Montenegro law; English language)

  • Counsel to the Republic of Ecuador in a The Hague-seated UNCITRAL investor-State arbitration administered by the PCA (PCA Case No. 2009-23) relating to a foreign investment dispute in the oil & gas sector arising under the USA-Ecuador Bilateral Investment Treaty (public international law and Ecuadorian law; English language; reported in The American Lawyer – Arbitration Scorecard 2011 and 2013)

  • Counsel to the Republic of Ecuador in a The Hague-seated UNCITRAL investor-State arbitration administered by the PCA (PCA Case No. 2012-2) relating to a foreign investment dispute in the mining sector arising under the Canada-Ecuador Bilateral Investment Treaty (public international law and Ecuadorian law; English language)

  • Counsel to a multinational consumer product manufacturer in a ICSID investor-State arbitration (ICSID Case No. ARB/10/7) relating to a foreign investment dispute arising under the Switzerland-Uruguay Bilateral Investment Treaty (public international, TRIPS, etc., Paris and Geneva IP Convention, and Uruguay law; English language)

  • Counsel to an agency of the United Nations Organization in a UNCITRAL public international law arbitration against a Latin American State relating to relief and humanitarian aid work contracts subject to public international law (public international law; Spanish and English language)

  • Legal advisor to a multinational consumer product manufacturer regarding compliance of regulatory measures taken by various governments in Europe, Asia, Oceania, Central and South America under public international law (various BITs and multilateral trade agreements, TRIPS, TBT, Paris and Geneva IP Convention)

  • Legal advisor to a Western European State related to proceedings before the International Court of Justice relating to public and private international legal matters (public international law)

  • Legal advisor to a major international consumer products manufacturer in the supervision and coordination of proceedings before the administrative courts of Uruguay and Paraguay relating to the regulatory control of branding/labeling of cigarette packages (Uruguay and Paraguay law; TRIPS, Geneva and Paris IP Conventions; Spanish language) 

  • Legal advisor to a major international consumer products manufacturer relating to various tax measures and regulatory control of ingredients in the tobacco industry in a number of countries around the world (TRIPS, TBT, WTO law generally, various local laws and BITs) 

  • Counsel to the Republic of Ecuador in a The Hague-seated UNCITRAL investor-State arbitration administered by the PCA (PCA Case No. AA277) relating to a foreign investment dispute in the oil & gas sector arising under the USA-Ecuador Bilateral Investment Treaty (public international and Ecuadorian law; English language)