Wartmann Merker Ltd.

Partner Andrea Roth explains how Wartmann Merker is addressing client's changing needs and how the legal landscape will develop in the next months.   What do you see as the main points that differentiate Wartmann Merker from your competitors? Wartmann Merker stands out through its clear specialization in dispute resolution. For more than 30 years, we have represented clients before Swiss courts and arbitral tribunals in commercial disputes and advised clients on a broad range of issues connected to contentious situations. That focus allows us to offer clients deep expertise in managing complex disputes efficiently and strategically. At the same time., we combine our specialist expertise with the advantages of a boutique model: a lean structure, strong teamwork, direct partner involvement and competitive rates. Our aim is to provide clear and honest advice, which is based on robust legal analysis and an understanding of our client's needs and objectives. I believe our clients value this approach.   Which practices do you see growing in the next 12 months? What are the drivers behind that? We expect arbitration and commercial litigation to remain core growth areas. Many of the disputes in which we represent and advise clients reflect the wider economic and geopolitical environment. Ongoing market uncertainty, pressure in international supply chains due to wars and other conflicts, sanctions-related issues and financial stress in particular sectors continue to generate complex disputes. We also anticipate continued growth in the areas of compliance and internal investigations. This aligns well with our disputes practice, as clients are increasingly seeking advice at an earlier stage, such as when they are assessing risk, responding to internal issues or trying to prevent disputes from escalating. In my view, one reason for this development is certainly the stricter regulatory landscape, which requires companies to actively identify potential disputes and compliance issues. Another reason, however, is businesses' desire to save costs by addressing potential disputes before they escalate. Furter, as my colleague Dominic Hägler has noted in his interview last year, Switzerland is following the international trend of setting up specialised commercial state courts, which often offer the option of conducting proceedings in English instead of the country's national language. In the Canton of Zurich, the Zurich International Commercial Court (ZICC) is expected to start operation in 2027. Under the newly revised procedural rules, parties, of whom at least one must be domiciled abroad, may include in their commercial contract a jurisdiction clause referring disputes of at least CHF 100'000 to the ZICC and choosing English as language of the proceedings. The ZICC offers parties an attractive option for resolving international commercial disputes in a time- and cost-efficient manner, providing an alternative to arbitration proceedings. This is a particularly attractive option for parties based in countries that are signatories to either the Lugano Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters or the Hague Convention on Choice of Court Agreements. This is because these conventions ensure that ZICC judgments are enforced in other member states. Thanks to our extensive experience in handling disputes before the existing Commercial Court of Zurich, we at Wartmann Merker are ideally placed to represent parties in proceedings before the ZICC.   What's the main change you've made in the firm that will benefit clients? Our employees are the firm's most important resource. We are therefore continuing to build a great team of highly qualified professionals at all levels, while also supporting our employees in their individual growth and prioritizing a modern and family-friendly working environment. For our clients the benefit is very practical: They continue to receive direct partner attention and tailored legal advice, but with even greater capacity behind it.   Is technology changing the way you interact with your clients, and the services you can provide them? Yes, definitely. We see technology as an important enabler of better client service and the way in which we interact with our clients. For us, the most important thing about technology is providing more efficient, responsive and precise advice. However, we do not believe that technology can replace the most valuable aspects of our services for clients. While technology will help us to deliver our services more efficiently, it cannot replace the expertise and experience of each member of our firm.   Can you give us a practical example of how you have helped a client to add value to their business? An example that illustrates our approach well is the assessment of a warranty claim against a supplier. While working on the dispute, we identified several clauses in our client's general terms and conditions that were poorly worded and, in some cases, contradictory. Although these clauses were not relevant to the current dispute, we informed our client of our findings and offered advice on how to improve the terms and conditions.   Are clients looking for stability and strategic direction from their law firms - where do you see the firm in three years’ time? Yes, very much so. We have noticed that clients are increasingly looking for more than just strong technical advice; they also want stability, sound judgement and a clear strategic perspective. They often deal with fast-moving and complex situations and value advisers who are steady and focused, and who can see the bigger picture. In three years' time, we envisage having further strengthened our position as the leading independent Swiss dispute resolution firm. Our goal is to remain the firm that clients turn to for complex litigation, arbitration and related advisory work. We also intend to deepen our expertise, continue investing in excellent people and preserve our lean, partner-led and responsive service model our clients value.

Swiss Dispute Resolution now and tomorrow. What do you see as the main points that differentiate Wartmann Merker AG from your competitors? Wartmann Merker stands out for its specialization in dispute resolution, representing clients before state courts and arbitral tribunals. This specialization allows us to offer our clients deep expertise in managing and resolving complex disputes. Operating as a boutique firm, Wartmann Merker combines high-level expertise with the benefits of a lean structure and strong teamwork. This approach enables us to provide personalized and efficient services, maintaining independence while offering competitive rates. With more than 30 years of experience, the firm has grown into a leading Swiss dispute resolution practice with an excellent reputation. The core values of our founders – understanding client needs, clarifying objectives, and providing clear, honest advice grounded in solid legal analysis – continue to guide our work and distinguishes us from other law firms. Which practices do you see growing in the near future? What are the drivers behind that? The nature of disputes we encounter often mirrors the current economic situation. For example, the ongoing European automotive crisis has led to payment defaults and conflicts between automobile manufacturers and their suppliers. Additionally, geopolitical factors have a significant impact on disputes we observe, leading, for example, to disputes related to sanctions. In this environment of uncertainty, Switzerland continues to be seen globally as an important place for dispute resolution, whether through arbitration or litigation, known for its strong legal framework, neutrality and efficiency. This is also why Switzerland is following the international trend of countries setting up specialized commercial state courts to resolve international commercial disputes. The Canton of Zurich will set up an international commercial court, the Zurich International Commercial Court (ZICC), which is expected to start operation in 2027. The ZICC will administer international commercial disputes fully in English, which is a novelty in Switzerland. Parties, of whom at least one must domiciled abroad, may choose the ZICC for business related disputes involving at least CHF 100,000. The ZICC's goal is to provide an efficient, court-based alternative to arbitration, offering early settlement facilitation, relatively low costs, and easy enforceability of judgments across Europe. It aims to strengthen Switzerland’s position as a leading dispute resolution hub for cross-border disputes. In my view, the ZICC will be an attractive option for parties to resolve international commercial disputes in a time and cost efficient manner. Whether the ZICC will be a success story or not remains to be seen. It will depend primarily on whether commercial parties recognize its advantages over arbitration. Having extensive experience with the already existing Commercial Court of Zurich, Wartmann Merker will be the firm of choice for representing companies before the ZICC and in advising them on choosing the ZICC as a venue. What's the main change you've made in the firm that will benefit clients? Our law firm’s greatest strength lies in our dedicated lawyers and staff. In recent years, we have built a robust team of highly qualified professionals at all levels who collaborate closely to serve our clients effectively. Additionally, we prioritize modern, family-friendly working conditions and a state-of-the-art IT infrastructure. With these foundations in place, our firm is well-prepared to tackle future challenges. Is technology changing the way you interact with your clients, and the services you can provide them? The use of technology has already transformed – and will continue to shape – the way we interact with our clients. It enhances communication and legal support, allowing us to serve clients more efficiently and effectively. We use state-of-the-art tools and software to streamline communication across languages and jurisdictions. Additionally, we continuously experiment with software programs that assist us in managing complex international proceedings, ensuring that we keep up with legal innovation in the market. Can you give us a practical example of how you have helped a client to add value to their business? We consistently assist our clients in managing disputes and, when possible, preventing them altogether. Our approach is centered around our clients' needs, whether that means vigorously defending their position in court or pursuing an early settlement when appropriate. But our approach goes beyond simply resolving disputes: We proactively support our clients in identifying and mitigating potential legal risks to help them avoid future conflicts. By understanding their business and legal needs, we anticipate future legal issues and help our clients to resolve them. For instance, we are currently representing a client in a breach of contract case against one of its suppliers. While analysing the case, we identified weaknesses in existing processes and policies and helped to adapt them, giving our client an extra benefit. Are clients looking for stability and strategic direction from their law firms - where do you see the firm in three years’ time? Based on discussions with our clients, most companies no longer rely on a single law firm for all their legal needs. Instead, they select the firm they deem most competent for each specific legal issue. As a boutique law firm specializing in dispute resolution, we position ourselves as a strong player in the market, offering expertise in handling dispute-related matters with efficiency in both time and cost. Over the next three years, we aim to strengthen our position as a leading and independent Swiss dispute resolution firm, helping our clients in navigating the ever-changing legal challenges they face.