Nater Dallafior successfully defends Holmer Maschinenbau GmbH from Germany against a Russian-controlled company seated in Zug (Switzerland) in an international arbitration administered by the Vienna International Arbitration Centre (VIAC)

The EUR 10 million claim brought against the client was dismissed in its entirety, and the opposing party was ordered to pay compensation for costs. The case concerned several claims in relation to a sale and purchase contract for agricultural machinery (in particular, highly sophisticated sugar-beet harvesters) worth EUR 40 million. The relevant dealer and distribution agreement was governed by Swiss law, the seat of the arbitration was Vienna (Austria) and the proceedings were conducted in English.

Besides the arbitral proceedings, this complex multi-jurisdictional dispute involved state court proceedings in Germany (for disclosure of customs and export documents) and further parallel proceedings regarding trademark violations in Russia and Belarus.

Nater Dallafior also succeeded in immediately freezing all of claimant's Swiss bank accounts based on an application for recognition and enforcement of the VIAC Award under the 1958 New York Convention to ensure the EUR six-digit compensation for costs awarded to the client.

The Nater Dallafior team included Manuel Arroyo, Zoe Honegger and Benjamin Schumacher (Final Award dated 23 May 2017 in Case no. SCH-5331, received on 12 June 2017 upon scrutiny by VIAC; Zug Cantonal Court freezing order of 14 June 2017, Arrestbefehl no. EA 2017 18).