Franz X. Stirnimann Fuentes has acted as counsel in more than 50 commercial court proceedings in both the German as well as the French-speaking part of Switzerland. Many of these cases are annulment proceedings against arbitral awards before the Swiss Supreme Court or court proceedings relating to the enforcement of arbitral awards and foreign judgments in Switzerland. During his career, Franz X. Stirnimann Fuentes has also worked as advisor in court proceedings in England, Spain, Germany, the USA and in Latin America.

Arbitration-related

  • Counsel to a handicapped professional athlete in proceedings before the Swiss Supreme Court relating to the setting aside of an arbitral award issued by a tribunal of the Court of Arbitration for Sport (sports law; French language)

  • Counsel to an Eastern European State in proceedings before the District Courts of Kreuzlingen/Switzerland and Weinfelden/Switzerland relating to the enforcement of an (investor-State) arbitral award issued in a Geneva-seated UNCITRAL arbitration between German investors and the Eastern European State in the solar sector (Swiss law; German language)

  • Counsel to two individuals in proceedings before the Swiss Supreme Court relating to the defence against the annulment of an arbitral award issued by a Geneva-seated tribunal relating to a partnership agreement concerning a leading Swiss private bank (Swiss law; French language)

  • Counsel to an Eastern European State in the proceedings before the Swiss Supreme Court relating to the setting-aside of an (investor-State) arbitral award issued in a Geneva-seated UNCITRAL arbitration between a number of European investors and a Eastern European State in the solar sector (Swiss law; French language)

  • Counsel to two individual claimants in the application before the District Court of Geneva/Switzerland to constitute the tribunal to resolve a dispute relating to a partnership agreement concerning a leading Swiss private bank (Swiss law; French language)

  • Counsel to a BVI-domiciled company in proceedings before the District Court of Geneva/Switzerland relating to the enforcement of an international arbitral award issued by a London-seated tribunal concerning the oil & gas sector in West Africa (Swiss law; French language)

  • Counsel to an Israeli businessman in proceedings before the Swiss Supreme Court relating to the setting-aside of an international arbitral award issued in a Geneva-based ad hoc arbitration concerning a joint venture agreement relating to investments in Eastern Europe (Swiss law; equity; French language)

  • Counsel to an Asian state in proceedings before the Swiss Federal Supreme Court relating to the revision/revocation of an (investor-State) arbitral award issued by a Geneva-seated tribunal in an investor-State arbitration relating to investments in the Asian state (Swiss law; French language)

  • Counsel to a French multinational company in proceedings before the District Court of Geneva/Switzerland relating to the enforcement of an international arbitral award relating to the oil & gas sector in North Africa (Swiss law; French language)

  • Counsel to a Bermuda-domiciled international investment fund in proceedings before the Swiss Federal Supreme Court relating to the revision/revocation of an arbitral award issued by a Geneva-seated ICC tribunal concerning a share purchase option right in a telecom company (decision reported in SchiedsVZ 2/2007; Swiss law; German language)

  • Counsel to a Bermuda-domiciled international investment fund in proceedings before the Swiss Federal Supreme Court relating to the setting-aside of an arbitral award issued by a Zurich-seated ad hoc tribunal concerning a share purchase option right in a telecom company (Swiss law; French language)

  • Counsel to a Bermuda-domiciled international investment fund in proceedings before the Swiss Federal Supreme Court relating to the setting-aside of an arbitral award issued by a Zurich-seated ICC tribunal concerning a share purchase option right in a telecom company (decision reported in ASA Bull. 2/2005; Swiss law; German language) 

White-collar

  • Counsel to an African high net worth individual in a criminal investigation by the Swiss federal authorities relating to the freezing of a bank account in Switzerland (Swiss, Angolan and Brazilian law; French language)

  • Counsel to a receiver of a Canadian company in international criminal judicial assistance proceedings before the Swiss federal authorities relating to the prosecution of an international ponzi scheme (Swiss and Canadian law; French language)

  • Counsel to a Latin American high-net worth individual in a criminal investigation by the Swiss federal authorities relating to corruption allegations in the oil & gas sector in a Latin American country (Swiss law; German language)

  • Counsel to a group of Latin American high net-worth individuals in international criminal judicial assistance proceedings before the Swiss federal authorities relating to money laundering allegations in the oil & gas sector in a Latin American country (Swiss and US law; German language)

Commercial & Employment

  • Counsel to a Cyprus holding company in proceedings before the District Court of Geneva/Switzerland relating to a complex multi-jurisdictional dispute regarding a group of shareholders and commercial loan agreements (Swiss law; French language)

  • Counsel to a BVI-domiciled company in proceedings before the District Court of Geneva/Switzerland relating to in injunction ordered in aid of execution of a possible judgment in proceedings in Canada (Swiss law; French language)

  • Counsel to a major US pharmaceutical company in proceedings before the Circuit Court of Basel-Land/Switzerland relating to a stability testing services agreement (Swiss law; German language

  • Counsel to a BVI-domiciled company in proceedings before the District Court of Geneva/Switzerland relating to the enforcement of a world-wide freezing injunction obtained in the UK (Swiss law; French language)

  • Counsel to a Seychelles investment company in proceedings before the District Court of Zug/Switzerland relating to the enforcement of a commercial loan agreement (Swiss law; German language)

  • Counsel to a major US e-commerce company in proceedings against a Swiss data center relating to a data center collocation agreement before the District Court of Aargau/Switzerland (Swiss law, German language)

  • Counsel to a major US e-commerce company in proceedings before the District Court of Schaffhausen/Switzerland relating to a commercial undertaking (Swiss law, German language)

  • Counsel to a Chilean pharmaceutical company in proceedings before the Commercial Court of Zurich/Switzerland relating to an international distribution agreement (CISG/Swiss law; German language)

  • Counsel to a major US pharmaceutical company in proceedings before the Circuit Court of Basel-Land/Switzerland relating to a manufacturing and supply agreement (Swiss law; German language)

  • Counsel to a leading US electronic imaging company in proceedings before the Commercial Court of Zurich/Switzerland relating to a software development agreement (Swiss law; German language)

  • Counsel to a senior executive in the banking sector in proceedings before the District Court of Zurich/Switzerland relating to wages and compensation under an executive employment agreement (Swiss law; German language)

  • Counsel to major international generic pharmaceutical company in proceedings before the Commercial Court of Zurich/Switzerland relating to the termination of a set of manufacturing and distribution agreements (Swiss law; German language)

Banking (pre-Litigation)

  • Counsel to a Brazilian individual relating to the breach of an asset management agreement in the context of the bankruptcy of a major Portuguese bank and potential proceedings before the District Court of Geneva/Switzerland (Swiss law; French and Portuguese language)

  • Counsel to a Bolivian individual relating to the ownership of a bank account in Geneva in the context of a succession dispute in Bolivia and potential proceedings before the District Court of Geneva/Switzerland

  • Counsel to a major multinational can producer relating to a potential dispute with a Swiss supplier before the District Court of Zurich/Switzerland (Swiss law; German and English language)

  • Counsel to a Venezuelan consulting company relating to the ownership of a bank account in Zurich and potential proceedings before the District Court of Zurich/Switzerland (Swiss law; Venezuelan law; German and Spanish language)

  • Counsel to a Venezuelan individual relating to the ownership of a bank account in Zurich in the context of an international succession dispute in Venezuela, Bulgaria and the USA and potential proceedings before the District Court of Zurich/Switzerland (Swiss law; German and Spanish language)

  • Counsel to two Algerian individuals before the judicial authorities of Geneva/Switzerland in an international succession dispute in Switzerland and Algeria (Swiss law; French language)

  • Counsel to an Uruguayan individual relating to the ownership of bank account in Zurich in the context of a succession dispute in Uruguay and potential proceedings before the District Court of Zurich/Switzerland (Swiss law; German and Spanish language)

  • Counsel to a German individual relating to the breach of an asset management agreement and potential proceedings before the District Court of Zurich/Switzerland (Swiss law; German language)

Bankruptcy & Administrative

  • Legal advisor to a group of Swiss maritime shipping companies in the negotiations with senior creditors with regard to the debt restructuring of the group (Swiss law, French and German language)

  • Counsel to a Cyprus company in proceedings before the bankruptcy authorities of Geneva/Switzerland relating to claims under a credit agreement and a relevant shares pledge agreement (Swiss law; French language)

  • Counsel to a Panama company in proceedings before the bankruptcy authorities of Geneva/Switzerland relating to claims in bankruptcy of a Portuguese bank (Swiss law; French language) 

  • Counsel to a pension fund of a large multinational group in proceedings before the Administrative Court of Geneva/Switzerland regarding pension plan benefits (Swiss law; French language)

  • Counsel to a major US information technology company in proceedings before the bankruptcy authorities of Zurich/Switzerland (Swiss law; German language)

  • Counsel to a multinational aluminum producer in proceedings before the bankruptcy authorities of Zurich/Switzerland (Swiss law; German language)

  • Counsel to a major multinational photo technology company in proceedings before the bankruptcy authorities of Zug/Switzerland (Swiss law; German language)

International Judicial Assistance in Switzerland and Other Countries

  • Commissioner in charge of supervising the taking of witness evidence (deposition) in Switzerland appointed by a US federal court and approved by the District Court of Liestal/Basle-Country and the Federal Department of Justice under the Hague Convention (The Hague Convention/Swiss and US law; English and German language)

  • Swiss counsel to a BVI company in commercial civil proceedings in the BVI regarding the application of a Swiss blocking statute (Article 271 Swiss Criminal Code) relating injunctive relief ordered by the BVI court (Swiss law; The Hague Convention; English language)

  • Counsel to the liquidator of a Swiss commodities trading company relating to the validity and enforceability of a judgment and a subpoena issued in New York/USA against that company's estate (Swiss and US law; French and English language)

  • Counsel in an international civil judicial assistance proceeding (service of process abroad) before the District Court of Zug in aid of a commercial dispute in the BVI (The Hague Convention/Swiss law; English and German language)

  • Counsel in an international civil judicial assistance proceeding (taking of witness evidence abroad) before the District Court of Basel-Stadt/Switzerland in aid of a pharmaceutical patent litigation in the USA (The Hague Convention/Swiss law; English and German language)

  • Counsel in an international civil judicial assistance proceeding (taking of witness evidence abroad) before the District Court of Geneva/Switzerland in aid of a pharmaceutical licensing dispute in the USA (The Hague Convention/Swiss law; English and German language)

  • Counsel in an international civil judicial assistance proceedings (service of process abroad) before the District Court of Berlin/Germany in aid of an anti-cybersquatting litigation in the USA (The Hague Convention/German law; English and German language)

  • Counsel in an international civil judicial assistance proceedings (taking of evidence abroad) before the District Court of Vienna/Austria in aid of a pharmaceutical patent litigation in the USA (The Hague Convention/Austrian law; German language)

Litigation Outside Switzerland

  • Counsel to a major US e-commerce company in proceedings in the High Court of London/UK relating to the sale and purchase of consumer products in the UK (English law, English language)

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

  • Legal advisor to a major international consumer products manufacturer in proceedings before the administrative courts of Paraguay relating to the regulatory control of branding/labeling of cigarette packages (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) 

  • Legal advisor to a multinational IT/telecom equipment manufacturer in proceedings before the High Court of Karlsruhe/Germany relating to a licensing agreement (Swiss law; German language)

  • Counsel to a major US dredging company in proceedings before the District Court of Berlin/Germany and in subsequent appeal proceedings before the High Court of Berlin/Germany related to a joint venture for the tender for large infrastructure construction works in Hamburg/Germany (German law; German language)

  • Counsel to a Swiss IT start-up company in proceedings before the High Court of London/UK relating to a service and sale agreement (English law; English language)

  • Member of litigation team acting for a major international consumer products manufacturer in proceedings before the Federal District Court of Washington, DC/USA in largest-ever product liability lawsuit in the USA (US federal law; English language)

  • Member of litigation team acting for a major US telecommunications company in proceedings before the Federal District Court of Washington, DC/USA in large antitrust dispute (US federal law; English language)

  • Member of litigation team acting for an international media company in proceedings before the District Court of Madrid/Spain relating to an IT licensing dispute and unfair competition law (Spanish law; Spanish language)

Corporate, Employment and Regulatory

In addition, Franz Stirnimann Fuentes has an active white-collar criminal law practice and regularly advises on cross-border commercial transactions as well as antitrust, IP/IT, customs and employment matters subject to Swiss law. During his career, Dr. Stirnimann Fuentes has also practiced abroad (USA and Spain) and worked on transactions subject to other than Swiss law.

  • Swiss Commercial, IP/IT and Antitrust Law: Legal advisor in numerous Swiss legal transactions, including advice on and negotiation of share purchase agreements, engineering, procurement and construction (EPC) contracts, joint venture agreements, sales contracts, technology transfer, licensing (patent, copyright, trademark and know-how), distribution agreements, agency agreements, as well as advice on antitrust, product liability and product safety matters (Swiss law)

  • Swiss Labor & Employment and Data Privacy Law: Legal advisor and counsel in numerous labor & employment matters (termination, executive compensation, non-compete, harassment, take-over of employees, mass lay-offs) as well as in data protection and privacy matters before Swiss data protection authorities (Swiss law)

  • Swiss Customs and Environmental Law: Legal advisor and counsel in environmental, customs and trade regulatory matters before Swiss authorities (Swiss law and WTO law)

  • International Cross-border Commercial Law: Legal advisor in numerous non-Swiss cross-border commercial transactions, including advice on, negotiation and due diligence of, international sales, banking/finance, employment, IP/IT, agency, distribution, licensing and joint venture agreements (New York, Chinese, EU, German, French, Italian law)

  • International Project Finance: Legal advisor in three international project finance transactions in Latin America and Asia, advising on trust, loan and other security agreements regarding the design, engineering, and construction of airport facilities in Peru, power plants in Venezuela and oil production and refinery facilities in Indonesia (New York, Peruvian, Venezuelan and Indonesian law)

  • Spanish Commercial and IP/IT Law: Legal advisor in several commercial transactions in Spain, advising on distribution, agency, franchise and license agreements, real estate, tax and regulatory matters (Spanish law)