Peter & Kim

Flavio Peter

Flavio Peter is a partner with Peter & Kim Ltd in Geneva and 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, VIAC Rules, DIS Rules as well as in ad hoc proceedings). During his professional experience Flavio has acted in more than 45 arbitrations under a variety of substantive laws, including in particular the laws of Switzerland, Germany, Austria, Italy, Turkey, Sweden, the US (e.g. Delaware and California) or England and Wales, and of course the CISG. Flavio is a member of the Swiss Arbitration Marketing Committee and co-chair of ASAbelow40. He holds a teaching assignment with the University of Zurich (for international arbitration and CISG) and is a Fellow of the CIArb. AREAS OF EXPERTISE Arbitration Distribution / Agency International Sales Construction Mergers & Acquisitions Enforcement / Attachments Commercial Litigation INDUSTRY SECTORS Aviation Construction & Engineering Energy Oil & Gas Pharmaceutical & Biotech Transportation REPRESENTATIVE CASES 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, resulting in a seminal decision (BGE 147 III 379) on the question whether, after one of the initial arbitrators resigned and had to be replaced, an arbitral tribunal in its new formation has to repeat a hearing (and other important procedural steps). RANKING Who’s Who Legal (WWL): Global Leader in 2022/2023; Future Leader (non-partners section) (2017-2021) and one of the "Most Highly Recommended" practitioners (non-partners section, 2021) Ranked in the Legal 500 under Dispute Resolution: Arbitration, Switzerland QUOTES Who's Who Legal (WWL): Global Leader-Arbitration 2022 / 2023: "Flavio is very experienced as both tribunal member and counsel in disputes” “He is diligent and focused in his approach” "Flavio is an excellent arbitration lawyer, who already has manifold experience in the field despite his young age" Who's Who Legal (WWL): Switzerland-Arbitration 2023: "the next big arbitration lawyer in Switzerland"

Jennifer Yoo

Jennifer (Eun Kyung) Yoo is a partner at Peter & Kim in Seoul and is qualified as a Korean lawyer. Jennifer has represented and advised clients on a wide range of international commercial arbitration and cross-border litigation cases. In particular, she has participated in a number of disputes relating to large scale construction or development projects, involving multiple claims, parties, experts and counsel. She is also experienced in insurance disputes, and has expertise in private international law issues. Jennifer frequently advises clients on international arbitration procedures, challenges and enforcement of international arbitral awards, and interim measures in respect of arbitration proceedings. She is bilingual in Korean and English. AREAS OF EXPERTISE Arbitration / Litigation Korean Litigation Cross-Border Litigation Project Finance International project contracting Private International Law INDUSTRY SECTOR Construction & Engineering Energy & Power Real Estate REPRESENTATIVE CASES Counsel to a Korean EPC contractor against a consortium of Korea’s largest construction companies, in an LCIA arbitration seated in London and governed by English law concerning the construction of the first nuclear power plant in the UAE. Counsel to a major Korean construction company in an ICC arbitration arising out of a joint venture partnership formed for the development of an international business district in Korea. Counsel to a Korean steel manufacturing company in a SIAC arbitration against an Australian company, relating to steel fabrication and delivery works for a large-scale civil construction project in Sydney. Counsel to a Korean construction company in an ad hoc arbitration concerning a major civil works construction project located in Canada, involving claims for extension of time and additional costs as well as alleged defects. Counsel to a Korean nuclear power plant company in a KCAB arbitration concerning defective cables supplied for a nuclear power plant. Counsel to a Korean municipal government in an ICC arbitration for a dispute relating to a comprehensive project to develop the land and public waters of a free economic zone. Counsel to a private equity firm in a HKIAC arbitration in relation to the alleged invalid termination of a share purchase agreement. Counsel to ten insurance companies in an ad hoc arbitration concerning claims for insurance proceeds in connection with the failure of a key equipment in a coal-fired power plant. Regularly advises Korean construction companies on construction-related claims and potential disputes with subcontractors and/or employers. Regularly advises clients on international arbitration procedures, challenges and enforcement of international arbitral awards, interim measures in respect of arbitration proceedings. Regularly advises the Korean government on issues relating to World Trade Organization (WTO) disputes and other international trade disputes, and investor state disputes (ISD), etc.

Julia Xoudis

Prof. Dr. Julia Xoudis has practised as an attorney for almost 20 years, specializing in international commercial arbitration, contract law and competition law. She has acted in more than 40 international arbitrations, both ad hoc and institutional, including high-stake cases involving complex contractual and corporate disputes. In parallel to her practice at the bar, she is an Associate Professor at the Faculty of Law of the University of Geneva, where she teaches contract law and introduction to private law and legal reasoning. Her research interests and publications focus on law of obligations (in particular contract law), competition law and legal method. AREAS OF EXPERTISE Arbitration / Litigation Commercial Contracts Distribution / Agency International Sales Joint Ventures / Consortia Mergers & Acquisitions Competition Law INDUSTRY SECTORS Commodities Trading Fashion & Luxury Goods Oil & Gas Pharmaceutical & Biotech Transportation & Logistics; Shipping REPRESENTATIVE CASES Co-arbitrator in a dispute related to the validity and performance of a share purchase agreement. Counsel in a highly contentious arbitration between a state-owned enterprise and a sovereign state, involving aspects of public international law, with an amount in dispute of USD several billion. Counsel in setting aside proceedings against an award in an ad hoc arbitration, securing an important win for the client at the Swiss Supreme Court level. Counsel in a case involving two state-owned entities in a highly complex dispute stemming from oil production and delivery agreements, securing an award of more than a billion USD for the clients. Regular advice on contractual issues in the area of agency and distribution, including Swiss and European competition law aspects.  

Konstantin Christie

Partner

Pierre Tercier

Prof. Dr. Pierre Tercier is a senior counsel at Peter & Kim in Geneva. He is a prominent international arbitrator with extensive experience in international commercial and investment arbitration, an Emeritus Professor of the University of Fribourg, a Doctor honoris causa of the University of Paris II Panthéon-Assas and the honorary President of the ICC International Court of Arbitration. Prof. Tercier has served as party-appointed arbitrator and president in over 150 arbitrations under various rules (ICC, ICSID, LCIA, SIAC, CRCICA, SCC, UNCITRAL) covering a broad range of sectors. He chaired such seminal cases as Abaclat and others v. Argentine Republic (ICSID Case No. ARB/07/5) and Desert Line Projects LLC v. Republic of Yemen (ICSID Case No. ARB/05/17). In addition to his arbitrator practice, Prof. Tercier gives lectures on arbitration in several Universities around the world. He has authored numerous articles on international arbitration as well as authoritative treatises notably on contract law. He is well-known in Switzerland for his contribution to the study and development of contract, tort, construction and competition law. AREAS OF EXPERTISE Arbitration Contract law Tort Law Competition Law International Investment Law INDUSTRY SECTORS Construction & Engineering Energy Banking & Finance Pharmaceutical Mining REPRESENTATIVE CASES Prof. Tercier acted as arbitrator in over 150 cases. The list below is merely indicative: Commercial arbitration cases: President of the tribunal in two related ICC arbitrations, concerning the termination of contracts in the military industry. Co-arbitrator in an ICC arbitration concerning a major construction project. President of the tribunal in an ICC case between a Finnish and a Turkish telecommunication firm, in relation to an exclusive supply contract. Co-arbitrator in an ICC arbitration between a French multinational group specializing in renewable energy and a German multinational company, concerning a Finnish nuclear power plant. President of the tribunal in an ICC arbitration, with seat in New-York (USA), between three oil companies incorporated respectively in Bermuda, the Netherlands and Venezuela, in relation with a concession agreement for oil production. President of the tribunal in an ICC arbitration between an American and an Algerian oil company, in relation to several contracts involving the sale of liquefied natural gas. Co-arbitrator in an ICC arbitration, with seat in Zurich, between a Ukrainian State company and a Turkish construction company, in relation with the construction of a highway and a railway bridge in Kiev, Ukraine. President of the tribunal in an ICC arbitration concerning the price revision of a long-term gas supply agreement between a Greek and a Turkish company. President of the tribunal in the ICC case between a German company and a French company, in relation with the shareholding in a company specializing in the production of nuclear energy. President of the tribunal in an ICC arbitration between an Asian government and a French company, concerning the reimbursement of commissions in a military contract. President of the tribunal in an ICC arbitration between a French and a Greek bank, in relation to a shareholding dispute. President of the tribunal in an ICC arbitration between a French telecommunication firm and a Luxembourg company, concerning the use of orbital slots and frequencies. Co-arbitrator in an ICC arbitration, with seat in Paris, between high-end French department stores and French banks, in relation with a shareholding agreement and valuation of an enterprise. President of the tribunal in an ad hoc arbitration, with seat in Lebanon, between a State and a telecommunication firm, concerning the construction of a mobile phone network. President of the tribunal in an UNCITRAL arbitration between a national State-owned oil company and a British oil and gas company, in relation with oil production. President of the tribunal in an UNCITRAL arbitration, between a State-owned gas supplier and a Spanish gas company, concerning the construction of a natural gas liquefaction plant. 2. Investment cases: President of the tribunal in the ICSID case Abaclat and others v. Argentine Republic (Case No. ARB/07/5). President of the tribunal in the ICSI D case Desert Line Projects LLC v. Republic of Yemen (Case No. ARB/05/17). President of the tribunal in the ICSI D case Capital Financial Holdings Luxembourg S.A. v. Republic of Cameroon (Case No. ARB/15/18). President of the tribunal in the ICSID case Baggerwerken Decloedt En Zoon NV v. Republic of the Philippines (Case No. ARB/11/27). President of the tribunal in the ICSID case Getma International and others v. Republic of Guinea (Case No. ARB/11/29). President of the tribunal in the ICSID case Société Civile Immobilière De Gaéta v. République de Guinée (Case No. ARB/12/36). President of the tribunal in the ICSI D case Malincorp Ltd. v. The Arab Republic of Egypt (Case No. ARB/08/18). President of the tribunal in the ICSID case Rachel S. Grynberg, Stephen M. Grynberg, Miriam Z Grynberg and RSM Production Corp. v. Grenada (Case No. ARB/10/6). President of the tribunal in the ICSID case LEST SpA and Astaldi SpA v. République algérienne démocratique et populaire (Case No. ARB/05/3). President of the tribunal in the UNCITRAL case Oxus Gold Plc (United Kingdom) v. The Republic of Uzbekistan, in relation to the production of electricity. QUOTES WWL 2020 (Thought Leaders) says: "Pierre Tercier is 'a wonderful arbitrator', as well as 'highly independent and one of the best chairmen'. He is an authority when it comes to commercial and investment arbitration." Chambers Global 2020 states: "Pierre Tercier is 'one of the leading names in Switzerland and does a broad range of commercial and investment cases, according to sources. He remains a popular choice for complex international disputes and is often selected to act as president of ICC tribunals."        

Wolfgang Peter

Wolfgang Peter is recognized by clients and his peers as one of the most in-demand counsels and arbitrators in the world, having been engaged in over 270 arbitrations as counsel and arbitrator. Dr. Peter is particularly active in cases involving complex issues of valuations, including post-M&A disputes, joint ventures and projects stemming from the heavy industry. He has decades of expertise in cases involving gas & oil contracts, including upstream and downstream projects, as well as price reviews under long-term gas supply agreements. Dr. Peter regularly advises third-party funding companies in evaluating the merits of the Claimant(s)’ cases, especially with regard to the damages. An active speaker and contributor to the arbitration community at large, he is a member of the LCIA Board of Directors and of the ASA Board. Prior to starting his independent arbitration practice, he headed the arbitration group of Python & Peter, one of the largest Swiss firms, which he also co-founded. Before engaging in arbitration practice full time, Dr. Peter led a successful M&A and corporate practice for 14 years, completing over 40 transactions and IPOs, including such well-known brands and companies as Gucci, Chaumet, Breguet, Tag Heuer, Ebel and Leica. While practicing M&A, he managed two luxury watch-making companies, for 12 years. AREAS OF EXPERTISE Arbitration / Litigation Corporate Law Distribution / Agency Joint Ventures / Consortia Investments & BITs Mergers & Acquisitions INDUSTRY SECTORS Automotive & Heavy Industry Construction & Engineering Electricity Supply Fashion & Luxury Goods Oil & Gas Pharmaceutical & Biotech REPRESENTATIVE CASES Lead counsel in an ad hoc arbitration between a state-owned enterprise and a sovereign state, involving aspects of public international law, with an amount in dispute of USD several billion. Lead counsel in a case involving two state-owned entities in a highly complex ad hoc arbitration involving aspects of public international law stemming from oil production and delivery agreements, securing an award of more than a billion USD for our clients. Co-counsel in two PCA arbitrations involving a state-owned entity and private companies in a dispute concerning gas deliveries, with more than 15 billion USD in dispute. Counsel to a major energy conglomerate in its price adjustment disputes against another European major relating to long-term gas supply agreements subject to ICC Rules. Co-counsel in in an arbitration under UNCITRAL Rules arising out of a dispute between a Canadian company and two mainland Chinese companies in relation to an unconventional gas project in China. Lead counsel in an ICC arbitration for a major mining and metallurgy consortium with more than USD 500 million in dispute, under Swiss law. Chairman of an Arbitral Tribunal in an ICC arbitration arising out of nuclear power plant construction (more than USD 1.5 billion in dispute). Chairman of the Arbitral Tribunal in the Vivendi v Elektrim arbitration, an important decision on the interrelation between arbitral proceedings and bankruptcy, confirmed by two instances of the English courts. Co-counsel in an ICC arbitration concerning the break-up of Arthur Andersen, resulting in a seminal decision of the Swiss Supreme Court on the joinder of the arbitration agreements. RANKING Who’s Who Legal (WWL): Thought Leaders 2019-2020; Arbitration Switzerland 2010-2020, National Leader Who’s Who Legal (WWL): Energy, Construction 2019-2020 Global Leader Chambers Global and Europe: Most in Demand Arbitrators and Counsel (2016-2020) QUOTES Wolfgang Peter is one of Europe's key names when it comes to arbitration matters. His expertise lies in acting as counsel and arbitrator in post-M&A, joint venture and contractual disputes. WWL THOUGHT LEADERS, 2020 Wolfgang Peter comes recommended for his strength in arbitration related to the oil and gas sector and in post-M&A disputes. Based in Geneva, he is often selected to serve as arbitrator on both commercial and investment treaty cases. Sources praise his good understanding of the commercial and economic stakes in cases, with one praising his" commercial mind – he can see what things mean economically, so I wouldn't hesitate to appoint him for disputes with complex commercial damages issues." Chambers Europe, 2020 Wolfgang Peter is one of the most experienced and smart lawyers in the area of international arbitration. He has over 30 years of experience and is capable of handling the most complex matters with an exceptional level of proficiency. Legal500, 2020