5Gambit Disputes

02 / PRACTICE

ACROSS
EVERY FORUM.

01

Commercial Litigation

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High-stakes commercial disputes before Swiss and U.S. courts, and in cross-border proceedings worldwide.

SELECTED EXPERIENCE

13 matters
  • Acting for three major U.S.-based crypto venture capital firms on a USD 200 million claim related to their participation in a decentralized exchange.
  • Acting for one of the largest Swiss retailers in post-M&A litigation following its takeover of a competitor.
  • Acting for an ultra-high-net-worth individual on a CHF 84 million claim against a Swiss financial institution concerning the management of the client’s assets.
  • Acting for one of the largest steel manufacturers in a EUR 200 million shareholder dispute.
  • Acting for an ultra-high-net-worth individual on her USD 384 million claim against her business partner alleging misappropriation of property/shareholdings.
  • Acting for a Swiss-based commodities trader in its defamation and KYC-related lawsuit against one of the largest global data processors.
  • Acting for a U.S.-based consultancy firm in the defense sector in multiple defamation and KYC-related lawsuits against three of the largest Swiss news outlets.
  • Representing a global medical device manufacturer in U.S. multidistrict products liability litigation involving recalled respiratory devices.
  • Representing a generic pharmaceutical company in U.S. multidistrict antitrust class action litigation concerning an alleged price-fixing conspiracy.
  • Representing a semiconductor company in connection with antitrust claims concerning its licensing and chip supply practices under the Sherman Act and the Federal Trade Commission Act.
  • Representing the sellers of a privately held software company in a post-M&A purchase price dispute against a private equity buyer, recovering over USD 13 million.
  • Acting for a Georgian commodities corporation on its USD 28 million claim against a Swiss-based commodities trader alleging fraud.
  • Acting for an ultra-high-net-worth individual on a EUR 42 million claim against a German financial institution for its failure to discharge its anti-money laundering obligations.
02

International Arbitration

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Commercial and investment disputes across industries, jurisdictions and under the world's leading institutional rules.

SELECTED EXPERIENCE

16 matters
  • Representing an ultra-high-net-worth individual as respondent and counterclaimant in a Luxembourg seated commercial arbitration brought by his former business partner with a value in dispute in excess of USD 4 billion.
  • Acting for a general contractor in its EUR 2.3 billion FIDIC arbitration against a Nordic nuclear power plant operator relating to deficient performance.
  • Acting in an ICC arbitration against a binational entity based in Argentina and Uruguay in relation to a construction contract for a hydroelectric power plant, with the dispute valued at USD 4 billion.
  • Representing a German consortium of state-owned banks in a EUR 560 million ICSID arbitration claim against the Kingdom of Spain regarding regulatory changes affecting renewable energy.
  • Representing a Turkish group in a EUR 35 million Swiss Rules arbitration claim initiated by a commission agent.
  • Acting for an international sports federation on a USD 320 million claim brought by a media rights distributor related to broadcasting rights for a global sports event.
  • Acting for an Israel-based biotech company on its USD 180 million Swiss Rules arbitration claim brought against a U.S.-based services provider.
  • Acting for a global renewable energy provider in its arbitration against a Swiss pumped-storage power plant operator (Nant de Drance project) related to alleged defects in six turbines with a value in dispute in excess of EUR 150 million.
  • Acting for an Israel-based defense contractor in a USD 150 million ICC arbitration brought by its Turkish counterparty alleging delivery of defective goods.
  • Acting for a Spanish construction company in a EUR 115 million FIDIC arbitration defending against delay and defect claims.
  • Acting for a Hong Kong-based commodities trader on its USD 88 million ICC arbitration claim brought against its Kazakh-Chinese counterparties asserting breach of exclusivity provisions.
  • Acting for one of the leading Asian private equity funds in a Swiss Rules arbitration concerning a post-M&A dispute related to a USD 80 million contract.
  • Acting for a Middle East-based pharmaceutical company in relation to a USD 70 million ICC arbitration claim brought by its distributor alleging an infringement of exclusive distribution rights.
  • Representing a renewable energy company in a EUR 25 million ICC arbitration concerning delays in the construction of a desalination plant in Ghana.
  • Representing a major French aircraft manufacturer in a EUR 15 million ICC arbitration arising from an aircraft purchase agreement, specifically its buy-back clause.
  • Acting for a Swiss financial institution in Swiss Rules proceedings commenced by another Swiss financial institution related to the breach of an inter-bank agreement pertaining to structured products.
03

Sanctions & Regulatory Litigation

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Sanctions, licensing, delisting and contentious regulatory matters under Swiss, EU, UK and U.S. regimes. Representation before SECO, FINMA and other Swiss federal authorities, before the Swiss federal courts, and in sanctions-driven commercial disputes.

SELECTED EXPERIENCE

19 matters
  • Acting for various ultra-high-net-worth individuals against the State Secretariat for Economic Affairs (SECO) in relation to the de-freezing of assets under various sanctions regimes (including appeal proceedings before the Swiss Federal Administrative Court and the Swiss Federal Tribunal).
  • Acting for various ultra-high-net-worth individuals against SECO in relation to the obtaining of licenses and negative clearance confirmations under various sanctions regimes (including appeal proceedings before the Swiss Federal Administrative Court and the Swiss Federal Tribunal).
  • Acting for sanctioned individuals and legal entities against the Federal Department of Economic Affairs, Education and Research (EAER) in delisting proceedings under various sanctions regimes (including appeal proceedings before the Swiss Federal Administrative Court and the Swiss Federal Tribunal).
  • Acting for a Russian media rights agency against SECO in relation to the obtaining of a license and a negative clearance confirmation under the Swiss sanctions regime in connection with various sports events.
  • Acting for a Swedish defense contractor against SECO alleging the unlawful withdrawal of export control licenses.
  • Acting for a Swiss-based pharmaceutical company against SECO concerning various export license applications for medical deliveries into Russia and Belarus.
  • Acting for a Swiss financial institution against FINMA (including in appeal proceedings before the Swiss Federal Administrative Court) concerning the scope of administrative assistance provided to another governmental agency.
  • Acting for a Liechtenstein-based foundation against the Federal Tax Administration (FTA) alleging an unlawful data transfer in the context of an AIA (automatic information exchange) data delivery.
  • Acting for an Israel-based provident fund in proceedings initiated by the Federal Department of Finance (FDF) alleging non-compliance with stock exchange reporting requirements.
  • Acting for an ultra-high-net-worth individual against the State Secretariat for Migration (SEM) (including in appeal proceedings before the Swiss Federal Administrative Court) objecting to an unlawful denial of a residence permit.
  • Acting for a Swiss-based commodities trading company in obtaining various negative clearances from SECO regarding their trading of Russian crude (maritime and pipeline).
  • Acting for a Swiss-based life sciences company in obtaining various licenses for the delivery of centrifuges to Russia and Belarus.
  • Acting for various trust companies domiciled inside and outside Switzerland vis-à-vis SECO in obtaining negative clearances for their particular type of activities relating to assets with a Russian nexus.
  • Acting for various Swiss-based individuals vis-à-vis SECO in obtaining negative clearances related to their activities outside Switzerland having a Russian nexus.
  • Acting for a trust structure of the spouse of an SDN-listed Russian national in obtaining negative clearance from SECO regarding a substantial nine-figure amount transferred by that national. Despite the clearance and SECO’s express direction to unfreeze the assets, the Swiss bank refused to execute our client’s transfer instructions. We initiated proceedings against the Swiss bank before the Commercial Court of Zurich and pursued parallel discussions with the bank, ultimately securing the release of all assets.
  • Acting as legal experts on Swiss sanctions law in international arbitration and foreign court proceedings, providing written expert opinions and oral testimony.
  • Acting for an ultra-high-net-worth individual and the various offshore companies in obtaining licenses for funding requests related to value-preserving services (related to stored art, yachts, aircraft). Even though licenses were obtained, the Swiss bank is not fully complying with the client’s instructions. A commercial lawsuit was filed against the bank and is pending, while parallel discussions with the bank and partial payments of funding requests are ongoing.
  • Acting for an offshore trust structure of an SDN-listed Russian national vis-à-vis SECO in obtaining negative clearances (and interim licenses for the duration of the clearance proceedings) related to the trust’s assets and its beneficiaries.
  • Acting for an ultra-high-net-worth individual in obtaining a negative clearance from SECO regarding a large eight-figure amount received from an SDN-listed Russian national. Conducting related discussions with a large Swiss private bank in relation to that amount.
04

Investigations & Enforcement

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Government investigations, white-collar defense, anti-corruption and financial services enforcement, including strategic crisis counsel, in cross-border proceedings led by the DOJ, SEC, CFTC, state attorneys general and other U.S. and foreign authorities.

SELECTED EXPERIENCE

10 matters
  • Representing a global bank in a swap trading fraud investigation by the U.S. Department of Justice (DOJ), the Commodity Futures Trading Commission (CFTC) and the Securities and Exchange Commission (SEC).
  • Representing a multinational corporation in a multi-year Foreign Corrupt Practices Act (FCPA) investigation by the DOJ and SEC.
  • Representing a leading Swiss private bank in a DOJ investigation into allegations of aiding and abetting tax evasion by U.S. taxpayers, securing a deferred prosecution agreement with an 85% penalty discount.
  • Representing several Swiss private banks in the DOJ Swiss Bank Program, securing non-prosecution agreements or dismissals.
  • Representing two non-U.S. banks in a DOJ investigation into potential laundering of corruption proceeds linked to the prosecution of individuals affiliated with FIFA.
  • Representing a Swiss private bank in U.S. and local investigations into potential money laundering involving transactions with Petróleos de Venezuela, S.A. and other Venezuelan state-owned entities.
  • Representing a cryptocurrency exchange platform in a DOJ insider trading investigation and a separate New York Attorney General investigation into alleged misrepresentations and deceptive practices.
  • Representing an ultra-high-net-worth individual and politically exposed person in parallel enforcement proceedings in Africa and Europe involving allegations of corruption and misappropriation of public funds exceeding USD 1 billion.
  • Representing an offshore investment company and its trustees in a high-profile SEC insider trading action, securing a favorable settlement.
  • Advising a major U.S. technology company on an internal investigation into potential FCPA violations in Mexico.
05

Cross-Border Proceedings

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Coordinated litigation, judicial assistance, evidence gathering, interim relief and asset preservation in parallel proceedings across jurisdictions, in cooperation with international counsel.

SELECTED EXPERIENCE

6 matters
  • Acting on a co-counsel basis with an elite global law firm in acting for a Swiss-based commodities trader in U.S. discovery conducted in the State of California in aid of a Swiss defamation lawsuit (28 U.S.C. § 1782).
  • Acting on a co-counsel basis with an elite English law firm in the representation of a Saudi contractor in Mareva injunction proceedings before the London Commercial Court.
  • Acting on a co-counsel basis with an international BVI law firm in the representation of an Eastern European national in obtaining a global freezing order against the Belgian joint venture partner.
  • Acting for former shareholders of a Swiss-based pharmaceutical company in U.S. Freedom of Information Act proceedings in cooperation with an elite global law firm in aid of a post-M&A dispute litigated before Swiss state courts against its purchasers.
  • Acting for a global sports federation in criminal proceedings launched in parallel in Switzerland by the Swiss Office of the Attorney General (OAG) and in the U.S. by the U.S. Department of Justice (DOJ).
  • Acting for the top management of a Swiss financial institution in enforcement proceedings launched in the U.S. by the Securities and Exchange Commission (SEC) and the New York Department of Financial Services (DFS).