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. 50 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.
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 leading business law firm in Zurich and with a local district court in the Canton of Lucerne (2009)
Education Details
- Master of Laws (LL.M.), University of California at Berkeley (2013-2014)
- Admitted to the Zurich Bar (2012)
- CDT, Certificat du Droit Transnational, University of Geneva (2008)
- MLaw, University of Lucerne (2008)
- BLaw, University of Lucerne (2006)
Experience
- 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 USD>500 million and USD>250 million in dispute.
- Counsel in a USD>250 million dispute representing a large Turkish construction firm in a construction related JV dispute under the ICC Rules.
- Counsel in a USD>500 million dispute representing a mining conglomerate in an ICC arbitration concerning the building of a smelting facility.
- Lead counsel in a CHF 145 million arbitration under the Swiss Rules concerning sale and purchase of securities (under Liechtenstein/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
Professional Affiliations
- Swiss Arbitration Association (ASA), member of the Marketing Committee
- ICC Swiss Commission of Arbitration, member
- CIArb, Fellow of the Chartered Institute of Arbitrators
- AIJA, International Association of Young Lawyers
- Swiss Bar Association (SAV)
Publications
- Commentary on Articles 389-399 of the Swiss Code of Civil Procedure (re. domestic arbitration), 4th ed., Basel 2024 (with Dr. Michael Mráz).
- Chapter 9: The Parties’ Procedural Good Faith Obligations in Arbitration, Geisinger/Müller/Menaker/Pearson-Wenger (eds.), ASA Special Series no. 49: Good Faith in International Arbitration – Myth, Reality, Label … or All of the Above, 2024 (forthcoming).
- The Myth of Partial Awards on Advances on Costs in International Commercial Arbitration in Switzerland under the Swiss Rules, 39 ASA Bull. 3/2021 (with Dr. Urs Weber-Stecher).
- The Swiss Federal Supreme Court’s decision 4A_332/2020 of 1 April 2021 and its considerations on Art. 14 Swiss Rules – if an allegedly biased arbitrator participated in the arbitration, but is replaced, should the arbitral tribunal in its new composition repeat the hearing? Lexology, 26 April 2021.
- Commentary on Articles 37-39 CISG, in: Brunner / Gottlieb (eds.), Commentary on the UN sales law (CISG), 2019
Accolades/rankings
- Lexology: Thought Leader (2024-2025), Lexology Index: Arbitration and Commercial Litigation (2025)
- Who’s Who Legal: Global Leader – Arbitration (2022-2023)
- Who’s Who Legal: Most Highly Recommended (non-partners section) (2021)
- Who’s Who Legal: Future Leader (non-partners section) (2017-2021)
Speaking Engagements
- Speaker at Istanbul Arbitration Days 2024, Impact of International Sanctions on Arbitral Proceedings, Istanbul, April 2024.
- Moderator and Host of Swiss Arbitration Innovation Conference, Innovating Together: AI’s Role in Shaping Arbitration’s Current and Future Landscape, Geneva, January 2024.
- Speaker at New Developments in International Commercial Arbitration 2022 conference, Review of the Recent Case Law of the Swiss Federal Supreme Court, Neuchâtel, 4 November 2022.
- Speaker at the ASA Winter Conference 2022, Obligations of the parties to act in “good faith” (from a procedural perspective), Geneva, 4 February 2022.
