Flavio Peter

Flavio Peter is a partner with Peter & Kim in Zurich specializing in international and domestic arbitration and related litigation proceedings, including enforcement and attachment proceedings before local courts and setting aside proceedings before the Swiss Federal Supreme Court. Flavio primarily acts as party representative in disputes arising under construction contracts, international sales contracts, disputes concerning long term gas supply contracts, but also agency and distribution agreements, joint venture contracts, and post-M&A disputes. Flavio regularly also sits as chairman, sole arbitrator or co-arbitrator and has gained vast experience as administrative secretary to arbitral tribunals in several international and domestic arbitration proceedings (conducted in accordance with the ICC Arbitration and ADR Rules, Swiss Rules, UNCITRAL Arbitration Rules, SCC Rules, VIAC Rules, DIS Rules as well as in ad hoc proceedings). During his career Flavio has acted in approx. 60 arbitrations under a variety of substantive laws, including in particular the laws of Switzerland, England and Wales, Turkey, Germany, Austria, Italy, Sweden, the US (e.g. Delaware and California), and of course under the CISG. Flavio is a member of the Swiss Arbitration Marketing Committee, member of the ICC Swiss Arbitration Commission, and a Fellow of the CIArb.

Selected List of Experience in International Arbitration

• Counsel representing one of Europe’s largest industrial groups in two parallel arbitrations (ICC and SCC) in relation to disputes concerning natural gas deliveries with an amount of more than USD 500 million and more than USD 250 million in dispute.
• Counsel in a cross-border post-M&A dispute with an amount in dispute of approx. USD 60 million.
• Counsel in a dispute of more than USD 250 million representing a large Turkish construction firm in a construction-related joint venture arbitration under the ICC Rules.
• Counsel in a dispute of more than USD 500 million representing a mining conglomerate in an ICC arbitration concerning the construction of a smelting facility.
• Lead counsel in a CHF 145 million arbitration under the Swiss Rules concerning the sale and purchase of securities governed by Liechtenstein and Austrian law.
• Lead counsel in setting-aside proceedings before the Swiss Federal Supreme Court successfully defending an award rendered under the Swiss Rules (BGE 147 III 379).

Key areas of focus within international arbitration include:

• Construction and infrastructure disputes, including joint venture and consortium arrangements for large-scale projects.
• International sales and distribution disputes, often involving long-term cross-border supply relationships and application of the CISG.
• Long-term gas and energy supply contract disputes, including price review and adaptation mechanisms.
• Agency and distribution agreements involving multi-jurisdictional commercial networks.
• Post-M&A disputes, including purchase price adjustment, earn-out, and warranty and indemnity claims.
• Joint venture and shareholder disputes arising out of complex corporate and project structures.
• Setting-aside proceedings before the Swiss Federal Supreme Court, as well as arbitration-related annex litigation proceedings re. the enforcement of arbitral awards or attachment measures.

Career details

• Partner, Peter & Kim, Zurich and Geneva (2021-current)
• Attorney-at-Law with Wenger & Vieli Ltd., Zurich (2012-2021)
• Trainee, Wenger & Vieli Ltd., Zurich (2010-2011)
• Internship with a leading business law firm in Zurich and with a local district court in the Canton of Lucerne (2009)

Education

• Master of Laws (LL.M.), University of California at Berkeley (2013-2014)
• Admitted to the Zurich Bar (2012)
• Certificat du Droit Transnational (CDT), University of Geneva (2008)
• Master of Law (MLaw), University of Lucerne (2008)
• Bachelor of Law (BLaw), University of Lucerne (2006)

Achievements and Recognition

• Ranked as leading lawyer in Switzerland for International Arbitration by Legal 500.
• Ranked as Global Thought Leader by Lexology in four consecutive years