rothorn legal | international disputes | Eliane Fischer

Eliane Fischer

Partner // Rechtsanwältin

othorn legal | international disputes

eliane.fischer@rothorn.legal
t +41 (0)44 212 11 22
m +41 79 766 85 53

Eliane Fischer practices in the area of dispute resolution and international arbitration. She focuses on complex international construction and engineering cases, oil and gas disputes, sales, supply and distribution contracts, joint ventures and post M&A disputes. Who is Who Legal praises her “excellent knowledge of the construction industry”, her strategic and straightforward thinking and the exceptional ideas she brings to her cases.

Eliane represents parties and acts as arbitrator in cases under various arbitration rules. She also advises applicants in cases before the European Court of Human Rights. Eliane speaks regularly at conferences and teaches the International Commercial Arbitration class at the Lille Catholic University.

Eliane has worked for major law firms for more than ten years. She joins us as a founding partner from Freshfields Bruckhaus Deringer’s Vienna office. She was previously an associate at Schellenberg Wittmer in Zurich and a case lawyer at the European Court of Human Rights in Strasbourg. Eliane completed her legal education at the University of Fribourg, Switzerland (Master’s degree) and at the Graduate Institute of International and Development Studies in Geneva (Master of International Affairs).

Eliane is qualified to practise in Switzerland. She speaks German, English and French.

Experience (Excerpt)
  • Advising the main contractor in a dispute concerning the force majeure termination of a major construction project due to the Covid pandemic;
  • Representing a joint venture in arbitration proceedings concerning delay and disruption incurred in the expansion of an oil field;
  • Representing a pure precious metals company in proceedings relating to a post-acquisition dispute concerning tax related reps and warranties;
  • Representing a designer and manufacturer of high-performance sensor solutions in a dispute arising from an agency contract;
  • Representing a utility provider in a dispute regarding breaches of a contract for the construction of a coal-fired power plant;
  • Representing a metallurgical plant supplier in a dispute with its subcontractor over the bill of quantity and scope of works for a dust extraction plant;
  • Representing a market-leading commodity producer and distributor in the medical sector in a dispute with its joint venture partners;
  • Representing a gas-storage provider in disputes over price adjustments in long-term gas-storage contracts;
  • Representing an energy supplier in a dispute with a foreign state over investments in the electricity sector;
  • Representing a leading power-plant construction company in several disputes over additional costs and penalty payments for delayed/defective works and in disputes over delays in planning, equipment delivery and overall completion of a combined-cycle power plant;
  • Representing a telecoms company in a dispute over invoices for telecoms services.
Qualification
  • Master of international affairs, Graduate Institute of International and Development Studies, Geneva, Switzerland
  • Master of law, University of Fribourg, Switzerland
  • Diplôme d’administration et politique internationales, University of Grenbole, France
Publications (Excerpt)
Eliane has written inter alia the following publications:

  • Costs Follow Conduct – A Musical Altercation, Kluwer Arbitration Blog, 26 October 2017 (with Flavio Peter) 
  • Efficient and Expeditious Dispute Resolution in M&A Transactions, Austrian Yearbook on International Arbitration, 2017 (with Michael Walbert) 
  • Beendigung von Schiedsverfahren, Handbuch Schiedsgerichtbarkeit, 2017 (with Günther Horvath and Désirée Prantl) 
  • Kommentar zu Art. 109 und 110 der Schweizerischen Strafprozessordnung, Basler Kommentar, 2nd edition 2014 (with Peter Hafner) 
  • The Arbitral Tribunal, International Arbitration in Switzerland: A Handbook for Practictioners, 2nd edition 2013 (with Nathalie Voser)