Flavio
Peter

LL.M., FCIArb
Counsel

fpeter@peterandkim.com +41 58 317 70 70
Bar admission
Zurich Bar, 2012
Nationalities
Swiss
Languages
German, English, French, Italian
Location
Genève

PROFESSIONAL
PRACTICE

Flavio Peter specializes in domestic and international arbitration and related litigation proceedings, including enforcement and attachment proceedings before local courts and setting aside proceedings before the Swiss Federal Supreme Court.

Flavio mainly acts as party representative and arbitrator, but has also gained vast experience as administrative secretary to arbitral tribunals in several international and domestic arbitration proceedings (conducted in accordance with ICC Arbitration and ADR Rules, Swiss Rules, UNCITRAL Arbitration Rules, VIAC Rules, DIS Rules as well as in ad hoc proceedings).

Flavio’s experience covers disputes related to general trade and contract law, such as, for example,
disputes arising under international sales contracts, agency agreements, construction contracts, joint venture contracts, post-M&A disputes as well as disputes concerning long term gas supply contracts, which in terms of the amounts in dispute range between 100,000 Swiss Francs and 2 billion euros.

Flavio is one of the current Co-Chairs of the Swiss Arbitration Association’s (ASA) below 40 section, Co-Chair of the Institute of Arbitration of the Berkeley Global Society. He further holds a teaching assignment at the University of Zurich (since 2015) and is a Fellow of the Chartered Institute of Arbitrators.

Areas of
Expertise

  • Arbitration
  • Distribution / Agency
  • International Sales / Construction
  • Mergers & Acquisitions

Industry
Sector

  • Construction & Engineering Icon Construction & Engineering
  • Oil Icon Oil
  • Gas Icon Gas
  • Pharmaceutical & Biotech Icon Pharmaceutical & Biotech

Who’s Who Legal (WWL): Future Leaders – Arbitration 2021:

“A well-renowned lawyer who is always up to the task, he stands out for the quality of his work”

“Flavio is an effective and client-driven advocate in commercial disputes”

  • Lead counsel in a CHF 145 million arbitration under the Swiss Rules concerning sale and purchase of securities (under Liechtenstein/Austrian law)
  • Lead counsel in an ICC arbitration concerning a dispute about thousands of defects of airplanes delivered under a supply and purchase agreement.
  • Lead counsel in setting aside proceedings before the Swiss Federal Supreme Court successfully defending an Award rendered under the Swiss Rules, resulting in a seminal decision on the question whether, after one of the initial arbitrators resigned and had to be replaced, an arbitral tribunal in its new formation has to repeat a hearing (and other important procedural steps).
  • Counsel with Peter & Kim, Geneva (Since September 2021)
  • Attorney-at-Law with Wenger & Vieli Ltd., Zurich (2012 – 2021)
  • Trainee with Wenger & Vieli Ltd., Zurich (2010 – 2011)
  • Internship with leading business law firm in Zurich and with a local district court, Assistant to Prof. Dr. Michele Luminati, University of Lucerne (CH) (2009)
  • Master of Laws (LL.M.), University of California at Berkeley (2013 – 2014)
  • Admitted to the Zurich Bar (2012)
  • CDT, Certificat du Droit Transnational, University of Geneva (2008)
  • MLaw, University of Lucerne (2008)
  • BLaw, University of Lucerne (2006)
  • ASA, Swiss Arbitration Association (Co-Chair of ASA Below 40)
  • BGS, Berkeley Global Society
  • CIArb, Fellow of the Chartered Institute of Arbitrators
  • YAAP, Young Austrian Arbitration Practitioners
  • YIAG, Young International Arbitration Group
  • AIJA, International Association of Young Lawyers
  • Swiss Bar Association (SAV)
  • The Swiss Federal Supreme Court's decision 4A_332/2020 of 1 April 2021 and its considerations on art. 14 Swiss Rules – if an allegedly biased arbitrator participated in the arbitration, but is replaced, should the arbitral tribunal in its new composition repeat the hearing?

    in: Lexology, 26 April 2021

  • The Myth of Partial Awards on Advances on Costs in International Commercial Arbitration in Switzerland under the Swiss Rules, 39 ASA Bull. 3/2021

    with Dr. Urs Weber-Stecher

  • The Consequences of a Tribunal Secretary’s Breach of Duties – the Games of Thrones edition

    in: 37 ASA Bull. 2/2019, pp. 145 et seqq (with Eliane Fischer, Freshfields Bruckhaus Deringer)

  • Commentary on Articles 389-399 of the Swiss Code of Civil Procedure (re. domestic arbitration), 3rd ed., Basle 2017

    with Dr. Michael Mráz