12.1.2016
Nater Dallafior successfully represents an investor against Credit Suisse before the Swiss Federal Supreme Court.
Two claimants sought damages for a series of unauthorized trades in their investment portfolio held at Bank Clariden Leu (absorbed by Credit Suisse in 2011). The Commercial Court of Zurich initially dismissed the claims on the grounds that the bank had given effective notice of the disputed transactions via hold mail and that the claimants had failed to effectively object to the transactions within the relevant objection period stipulated in the bank’s general terms and conditions. The Swiss Federal Supreme Court confirmed the principle that an investor, acting in good faith, must remonstrate in writing within the agreed objection period if they detect unauthorized transactions, or the transactions are deemed to be approved (fiction of approval). As a result, the Supreme Court upheld the decision of the Commercial Court with respect to one of the claimants who complained in time about the litigious transactions by phone, but in writing only a few months later. The claim of the other investor, however, was referred back to the Commercial Court for reconsideration. The Federal Supreme Court ruled that the Commercial Court had arbitrarily established the facts and held that when determining that the notification of the transactions in dispute, triggering the objection period, had taken effect. The Nater Dallafior team included Roberto Dallafior and Patrik Salzmann (Decision 4A_42/2015 of 9 November 2015).
25.8.2023
International Arbitration – successful representation of commodity trader ›
1.6.2023
Successful criminal defence leads to landmark decision of Swiss Federal Supreme Court ›
20.1.2023
Asset recovery case – successful revocation of bankruptcy and claw-back actions ›
25.10.2022
Insolvency law case – successful representation of foreign administrator ›
5.9.2022
Banking litigation – successful ex parte injunction against PostFinance ›
8.6.2022
Cryptocurrency related Arbitration ›
25.5.2022
Nater Dallafior successfully represented a client in an important trademark litigation ›
21.3.2022
Construction and insolvency law case ›
23.2.2022
Private client dispute – successful claim against PostFinance ›
22.2.2022
International Arbitration – successful representation before Swiss Federal Supreme Court ›
7.12.2021
Media law case – successful representation of Swiss media group ›
29.11.2021
COVID-19 – business interruption insurance ›
1.10.2021
Insurance dispute - successful representation of policyholder ›
24.8.2021
Insurance Arbitration – successful representation of policyholder ›
30.11.2020
ICC arbitration – successful representation of claimant in joint venture dispute ›
3.9.2020
Nater Dallafior wins leading cases in international administrative assistance ›
16.6.2020
Nater Dallafior successfully represented a client against M.M. Warburg Bank ›
8.1.2020
Nater Dallafior successfully represented a client in post Swissair grounding proceedings ›
9.12.2019
Nater Dallafior successfully represented a client in officers' liability proceedings ›
23.4.2019
Successful lifting of the account freeze ›
10.1.2019
Carried interest pool ›
21.6.2018
Federal Administrative Court lifts work ban ›
15.12.2017
Nater Dallafior successfully advises Kuwait in controversy with FIFA over worldwide ban ›
8.5.2017
Nater Dallafior achieves landmark decision on FINMA Watch List ›
1.8.2015
Nater Dallafior successfully represents a global IT company in public tender proceedings ›