Interview with: Andrea Roth, Partner

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.