Lalive

Leading legal minds

Philipp Habegger

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Admission

Switzerland, 1992

Nationality

Swiss

Languages

German

English, French

 


Biography

Philipp Habegger joined LALIVE in 2014. His main area of practice is international commercial arbitration. He has acted as counsel and arbitrator in more than one hundred and fifty international arbitral proceedings under a variety of arbitration rules, including ICC, Swiss Chambers' Arbitration Institution (Swiss Rules), LCIA, SIAC, Vienna, AAA/ICDR, Stockholm Arbitration Institute and UNCITRAL, involving the substantive laws of Switzerland, Germany, Austria, France, England, Russia, India, Turkey, Panama, Liechtenstein, Italy, Romania, Slovakia, Serbia, Egypt and New York, as well as the UN Sales Convention and the UNIDROIT Principles. He has been involved in disputes arising, inter alia, out of joint ventures, mergers and acquisitions, shareholders' agreements, international sales and related transactions, agency and distribution, licensing, franchising, construction and engineering projects, across a wide range of industries including telecommunications, pharmaceutical and biotechnology, food, defence, machinery, power and energy, and commodity trading.

 

Philipp Habegger currently presides the Arbitration Court of the Swiss Chambers' Arbitration Institution (which administers the Swiss Rules). He is a former court member of the ICC International Court of Arbitration (2009-2015) and a former vice chair of the Arbitration Committee of the International Bar Association and vice president of the LCIA European Users' Council.

 

Philipp Habegger has been ranked for several years by Chambers Europe and Chambers Global for Dispute Resolution: Arbitration in Switzerland and The International Who's Who of Commercial Arbitration.

 

Before joining LALIVE, Philipp Habegger was for many years a partner at a leading Swiss law firm in Zurich. He was educated at Zurich University (lic iur 1989, Dr iur 1996) and at University of Chicago Law School (LLM 1994). He has also practised law in New York.  He currently teaches international arbitration and international sales at the Faculty of Law of the University of Zurich and acts as a course director for the Swiss Arbitration Academy.

Publications

Article 43 of the Swiss Rules: Emergency ReliefPhilipp Habegger, 2013

In: Manuel Arroyo (Ed.), Arbitration in Switzerland - The Practitioner's Guide: Commentary, Wolters Kluwer, The Hague, 2013



Introduction: ICC RulesPhilipp Habegger, 2013

In: Manuel Arroyo (Ed.), Arbitration in Switzerland - The Practitioner's Guide: Commentary, Wolters Kluwer, The Hague, 2013



Saving Time and Costs in ArbitrationPhilipp Habegger, 2013

In: Manuel Arroyo (Ed.), Arbitration in Switzerland - The Practitioner's Guide: Commentary, Wolters Kluwer, The Hague, 2013



Swiss Rules of International Arbitration – CommentaryPhilipp Habegger, 2013

In: Tobias Zuberbühler, Christoph Müller, Philipp Habegger (Eds.), Swiss Rules of International Arbitration: Commentary, Schulthess Verlag, Juris, 2nd Ed. 2013



The Revised Swiss Rules of International ArbitrationPhilipp Habegger, 2012

New York Dispute Resolution Lawyer, Fall 2012, Vol. 5, No. 2, pp. 61-63



The Revised Swiss Rules of International ArbitrationPhilipp Habegger, Anna Masser, 2012

Praxis des Internationalen Privat-und Verfahrensrechts (IPRax), 5/2012, pp. 459-464



The Revised Swiss Rules of International Arbitration – An Overview of the Major ChangesPhilipp Habegger, 2012

ASA Bull. 2/2012, pp. 269-311



The UNCITRAL Notes on organizing Arbitral Proceedings – Time for an Update?Anna Masser, Philipp Habegger, 2011

In: Kröll/ Mistellis/ Rogers/ Perales Viscasillas (Eds.), Liber Amicorum Eric Bergsten. International Arbitration and International Commercial Law: Synergy, Convergence and Evolution, Alphen a/d Rijn 2011, pp. 207-223



(No) forfeiture of right to challenge an award when previous partial award was not challenged?Philipp Habegger, 2010

ASA Bull. 2/2010, pp. 130-136



Commentary on Art. 360-362, 364-366,370-380 ZPO (domestic arbitration)Philipp Habegger, 2010

In: Karl Spühler/ Luca Tenchio/ Dominik Infanger (Eds.), Basler Kommentar, Schweizerische Zivilprozessordnung, Basel, 2010



Introduction to Art. 353-399 ZPO (domestic arbitration)Philipp Habegger, 2010

In: Karl Spühler/ Luca Tenchio/ Dominik Infanger (Eds.), Basler Kommentar, Schweizerische Zivilprozessordnung, Basel, 2010



SwitzerlandPhilipp Habegger, Bühler Micha, 2009

In: Guide to National Rules of Procedure for Recognition and Enforcement of New York Convention Awards, Paris, 2009, pp. 279-285



Dissolution of corporations – Commentary on Art. 736-751 COPhilipp Habegger, Giles Benedick, 2007

In: Handkommentar zum Schweizer Privatrecht, Zurich 2007



Document Production – An Overview of Swiss Court and Arbitration PracticePhilipp Habegger, 2006

In: ICC International Court of Arbitration Bulletin, 2006 Special Supplement, Document Production in International Arbitration, 2006, pp. 21-34



Case Note on DFT 129 III 727: Extension of arbitration agreements to non-signatories and requirements of formPhilipp Habegger, 2004

ASA Bull. 2/2004



Arbitration and Groups of Companies – The Swiss PracticePhilipp Habegger, 2002

European Business Organization Law Review (EBOR), 3/2002, Vol. 3



Transfer of a prorogation clause in case of assignment – Note on a decision of the Zurich Commercial Court of 13 September 2001Philipp Habegger, 2002

ASA Bull. 4/2002



Switzerland: Appointment and Challenge of ArbitratorsPhilipp Habegger, 1997

Newsletter of Committee D (Arbitration and ADR) of the International Bar Association Section on Business Law, 2/1997, Vol. 2



Involuntary dissolution suits in Swiss corporate lawPhilipp Habegger, 1996

Bern 1996



The 1995 Rules of the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian FederationPhilipp Habegger, 1995

Journal of International Arbitration, 4/1995, Vol. 12



Conferences

ICC/Jagiellonian UniversityInternational Dispute Resolution - Diversity towards Convergence
Krakow, 15-16 October 2015
Speaker: Tailor-made dispute management and resolution to fit the business needs


American Bar Association (ABA)Moscow Dispute Resolution Conference
Moscow, 18 September 2015
Speaker: Joinder and Consolidation in International Arbitration


Zurich Moot Alumni Association (ZMAA)Dritter Fachvortrag
Zurich, 26 August 2015
Speaker: Der Vergleich im Verfahren vor staatlichen Gerichten und vor Schiedsgericht: SCHIEDSGERICHT


Chartered Institute of ArbitratorsCentenary Speech
Zurich, 20 August 2015
Speaker: Too many cooks spoil the broth – Is harmonization of the arbitral process at the roots of avoidable costs and delay?


Russian Arbitration Association (RAA)II Annual RAA Conference
Moscow, 23 April 2015
Speaker: Arbitration Court of the Swiss Chambers’ Arbitration Institution


Arbitration Court at Nowy Tomysl Chamber of CommerceArbitration and Mediation in Theory and Practice: State and ADR
Nowy Tomysl, 17 April 2015
Speaker: Commercial Arbitration involving states and state entities in Switzerland and under the Swiss Rules of International Arbitration


ICC Advanced Arbitration Academy for Central and Eastern EuropeWorkshop IV on procedural Orders
Prague, 12 December 2014
Speaker: Provisional Remedies, Securities for Costs


Gruppo ASA della Svizzera ItalianaRichieste di edizione, discovery e produzione di documenti nella fase allegatoria e probatoria della procedura civile e arbitrale
Lugano, 20 November 2014
Speaker: Document Production


Swiss Chamber of Commerce in Turkey / Swiss Chambers’ Arbitration InstitutionSeminar on the Swiss Rules of International Arbitration
Istanbul, 21 May 2014
Speaker: Roots, Revision and Experiences in a Nutshell / Multi-party and Multi-contract Scenarios under the Swiss Rules


International Chamber of Commerce (ICC) Young Arbitrators Forum (YAF)Paper, paper, everywhere…
London, 6 May 2014
Speaker: Written presentation of case – views from an international arbitrator and counsel


Centro de Arbitragem Comercial, Portuguese Chamber of Commerce2nd Intensive Course for Arbitrators
Lisbon, 21-22 March 2014
Speaker: Module V – The Arbitral Award


International Chamber of Commerce (ICC)2nd Annual MENA Conference: Roundtable on the impact of the place of arbitration
Dubai, 11 March 2014
Speaker: Lis pendens in international arbitration


Swiss Arbitration Association (ASA) 10 Years of Swiss Rules of International Arbitration
Basel, 31 January 2014
Speaker: The workings of the Special Committee and the Arbitration Court


Lithuanian Arbitration Association (LAA)Arbitration: The Experience Of Its Application In The Member States Of The European Union And Its Future Developments In Lithuania
Vilnius, 21-22 November 2013
Speaker: Choosing the right seat of arbitration and the right institutional rules


DIS and Swiss Chambers’ Arbitration InstitutionWorkshop
Stuttgart, 20 November 2013
Speaker: Wie funktioniert die Swiss Chambers' Arbitration Institution


70. Anniversary Dr. Hans NaterZurich, 18 November 2013
Speaker: Decision-making in arbitration – the arbitrator’s perspective


DIS and Swiss Chambers’ Arbitration InstitutionWorkshop
Stuttgart, 20 November 2013
Speaker: Wie funktioniert die Swiss Chambers’ Arbitration Institution


ASA Below 40Visiting the Institutions – A visit to the Swiss Chambers’ Arbitration Institution
Zurich, 19 September 2013
Speaker: The Arbitration Court's perspective: institutional powers and role of Case Administration Committee; appointment of arbitrators and challenges; dealing with jurisdictional issues, multi-party issues and consolidation; scrutiny of costs and other


Austrian Arbitration Association (ARB AUT), Liechtenstein Arbitration Association (LIS) and Swiss Arbitration Association (ASA)Dreiländer Konferenz: Shiedsverfahren in Österreich, Liechtenstein und der Schweiz
Innsbruck, 13 September 2013
Speaker: Bildung des Schiedsgerichtes in Mehrparteienverfahren


Europa Institut – Universität ZurichArbitration in Finance Symposium
Zurich, 3 July 2013
Speaker: Switzerland as a place for arbitration: fit for the future?


Court of Arbitration LEWIATANDispute Resolution in M&A
Warsaw, 6-7 June 2013
Speaker: To bifurcate or not to bifurcate?


Deutsche Institution für Schiedsgerichtsbarkeit (DIS)Frühjahrsversammlung
Munich, 25 April 2013
Speaker: Administrative Konsequenzen einer Änderung in der Besetzung des Schiedsgerichts


Swiss Arbitration Association (ASA) 10 Years of Swiss Rules of International Arbitration
Basel, 31 January 2014
Speaker: The workings of the Special Committee and the Arbitration Court


University of Neuchâtel – Faculty of LawNew Developments in International Arbitration
Neuchâtel, 19 November 2012
Speaker: The revised Rules of International Arbitration


Swiss Arbitration Association (ASA)Annual Conference
Bern, 28 September 2012
Speaker: Formerfordernis, Ausdehung der Schiedsklausel


ICC RussiaAdvanced Arbitration Seminar
Moscow, 11 September 2012
Instructor


ICC GermanyCase Management Conference, PIDA Seminar
Berlin, 1-2 June 2012
Speaker: Enforcement of Awards


Zurich Chamber of CommerceThe revised Swiss Rules of International Arbitration
Zurich, 7 May 2012
Speaker: The revised Swiss Rules of International Arbitration


Geneva Chamber of Commerce (CCIG)The revised Swiss Rules of International Arbitration
Geneva, 26 April 2012
Speaker: The revised Swiss Rules of International Arbitration


UNCITRAL / VIAC Joint Conference
Vienna, 29-30 March 2012
Speaker: The UNCITRAL Rules as Institutional Rules: A few examples from the Swiss Rules of International Arbitration


Recommendations

Lalive is ‘in a league of its own’ regarding international arbitration and the ‘strength in depth of its first-class team is outstanding’. Among its ‘many exceptionally bright lawyers’ is the ‘capable’ Philipp Habegger.
Legal 500, Switzerland, Dispute resolution: arbitration (Tier 1), 2016


"He's one of the top people in the Swiss arbitration community." "he's dedicated, foresees things and focuses on what's happening worldwide in arbitration."
Chambers Global, Switzerland, Dispute Resolution: Arbitrators


The “always excellent” Philipp Habegger in Zurich has acted as counsel and arbitrator in more than 145 international arbitral proceedings under a variety of arbitration rules.
Who’s Who Legal: Arbitration, 2016


Acting as both arbitrator and arbitrator counsel, Philipp Habegger is "more and more in demand," according to sources.  One source emphasises his expertise: "He is extremely experienced in arbitration and has a good tactical sense. He completely understands what is required and delivers it - it is clear why he is very highly regarded in Swiss arbitration."
Chambers Europe, Dispute Resolution: Arbitration Counsel and Arbitrators, Band 1, Switzerland, 2015


Philipp Habegger is a “tremendously talented” individual who receives high praise from peers for his “stellar work”.
Who's Who Legal, Switzerland, Arbitration, 2015


Philipp Habegger has a “wealth of experience and knowledge” in complex multidisciplinary and multijurisdictional disputes.
Who's Who Legal, Switzerland, Commercial Litigation, 2015


In Zurich, Philipp Habegger is regarded as the “go-to lawyer” for complex disputes.
Who's Who Legal, Arbitration, 2015


Philipp Habegger is listed for his “unrivalled experience”, having acted in more than 130 international arbitrations under a variety of arbitration rules.
Who's Who Legal, Switzerland, 2014 


He is praised for his “stunning versatility” and is acknowledged as a “market-leader” in the dispute resolution field.
Who's Who Legal, Switzerland, Commercial Litigation, 2014


Philipp Habegger's ‘well-organised and calm' demeanour is widely respected by clients and peers. He is known for his abilities as arbitrator and arbitration counsel, as well as for his strong network of connections.
Chambers Global & Europe, Dispute Resolution, Switzerland, 2014


Philipp Habegger is well respected for his 'outstanding disputes practice', both in litigation and arbitration.
The International Who's Who Legal of Commercial Arbitration, 2014


Philipp Habegger is considered a leading member of the younger generation of arbitrators and is highly active as counsel.
Chambers Global & Europe, Dispute Resolution,  Switzerland, 2013


Philipp Habegger is described as a ‘towering presence’ in arbitration. He acts as both counsel and arbitrator, and also represents parties in litigation.
Chambers Global, Dispute Resolution, Switzerland, 2012


Philipp Habegger is a prominent arbitration counsel and arbitrator noted for his dedication and excellent professional skills.
Chambers Global and Europe, Dispute Resolution, Switzerland, 2011


'Hard-working, pragmatic and efficient', Philipp Habegger divides his time evenly between arbitration and arbitration counsel work.
Chambers Global and Europe, Dispute Resolution, Switzerland, 2010