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Valentina Hirsiger

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Dr. Valentina Hirsiger is senior associate in Baker McKenzie’s Arbitration and Litigation Group in Zurich. Prior to joining the Firm as an associate in 2016, Valentina was an associate lecturer and research assistant at the University of Zurich and was awarded the Walter Hug Prize for her doctoral thesis on arbitration clauses in articles of association of Swiss corporations. Since 2023, Valentina has acted as a part-time judge at the Princely Supreme Court in Liechtenstein. Valentina advises parties in the field of dispute resolution and general contract law, with a focus on national and international disputes in commercial, construction and corporate law. She has represented parties in various commercial disputes before both international arbitral tribunals and state courts and regularly advises clients on project and contract management and dispute avoidance.

In its decision dated 28 May 2019 (case No. 4A_543/2018 (in German), selected for publication in the official court reporter), the Swiss Federal Supreme Court (“SFSC”) addressed a number of issues concerning the United Nations Convention on Contracts for the International Sale of Goods (“CISG”) concerning inter alia: • the point of time when the international character of a sales agreement is determined • the express and implied exclusion of the CISG • the parallel…

On 13 March 2019, the Swiss Supreme Court (case No. 4A_444/2018, selected for official publication) held that a contract may contain several characteristic performances, each of which establishes territorial jurisdiction at the place of performance under the Swiss Code of Civil Procedure (CCP) or the Swiss International Private Law Act (PILA). Although this finding follows the prevailing view of the scholars, it partially conflicts with the principles enacted under the Lugano Convention. A Swiss court’s…