Interview with: Dominic Hägler, Partner

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.