Prof. Dr. Nathalie Voser

LL.M. (Columbia)
Partner // Attorney-at-Law

othorn legal | international disputes

nathalie.voser@rothorn.legal
t +41 44 212 11 22
m +41 79 222 28 41

Nathalie Voser is a founding partner of rothorn legal. She has acted as counsel and arbitrator in a vast number of arbitrations under many major institutional rules. She has also advised and represented clients in arbitration-related state court matters (such as setting-aside proceedings before the Swiss Supreme Court) and in complex multi-jurisdictional disputes before Swiss and foreign state courts.

Nathalie Voser is well known for her expertise in engineering and construction, (renewable) energy related projects, oil and gas, pharmaceutical and automotive industries. She has considerable experience in research and development, distribution and license agreements, joint ventures as well as mergers and acquisitions. She is regularly appointed as arbitrator in both commercial and investment treaty arbitrations.

Who’s Who Legal Arbitration 2023 says that Nathalie is “A hugely impressive arbitrator” and “An obvious choice for complex and technical disputes”, that “Nathalie is strategic, efficient and thorough” and she is identified as “a leading individual” in the market. Who’s Who Legal Switzerland 2022 states that Nathalie is “very experienced as counsel and arbitrator”, that she is highly recommended for her “strong academic background” and “extensive skill and experience in construction disputes”. According to Who’s Who Legal Arbitration 2022, Nathalie is identified as “highly experienced” and an “extremely knowledgeable practitioner with extensive construction arbitration experience”. WWL ranked her as Thought Leader Global Elite for “Arbitration 2023” and “Construction 2023” as well as Thought Leader “Commercial Litigation 2022”.

Nathalie Voser is actively involved in the work of arbitral institutions. Nathalie was recently appointed to the Advisory Board of the Japanese Commercial Arbitration Association (JCAA). She currently serves as Vice-Chair of the ICC Commission on Arbitration and ADR, and is a member of the ICC Arbitration Commission for the Swiss ICC National Committee. In the past, she acted as Vice President of the London Court of International Arbitration (LCIA), as  President of the European User’s Council of the LCIA, as Board Member of the Swiss Arbitration Association, as Board Member of the Vienna International Arbitration Chamber (VIAC), and Board Member of the Swedish Arbitration Institute (SCC).

Nathalie has played a major role in various arbitration-related projects such as the 2004 IBA Conflict of Interest Guidelines, the 2012 ICC Arbitration Rules revision, and the 2017 SCC Rules revision. Until early 2022, she co-headed the Taskforce of the IBA Arbitration Committee entrusted with the revision of the 2020 IBA Rules on the Taking of Evidence.

Finally, Nathalie is author of several arbitration-related articles and of a leading arbitration textbook, the 5th edition of which was published in February 2024.

Experience (Excerpt)
  • Representing an operator of conventional and nuclear power plants in an ICC arbitration against an equipment company on claims arising from the design and delivery of equipment. The arbitration is governed by Swiss law and the seat is Geneva, Switzerland.
  • Representing an internationally renowned seller of turbines for offshore electricity production in a dispute regarding alleged delays, defects, and further shortcomings in the context of the construction of a large offshore oil platform. The arbitration is governed by the laws of England and Wales and the seat is London, England.
  • Representing an Israeli company (and its international parent company) in several arbitrations acting as an EPC contractor of a large scale solar thermal power station in an ICC arbitration regarding a dispute against one of its subcontractors concerning mechanical, electrical and piping erection work. The arbitration is governed by Israeli law and the seat is Tel Aviv, Israel.
  • Co-arbitrator in ad hoc UNCITRAL arbitration concerning a dispute over the exercise of an option right in a long-term natural resources delivery contract. The arbitration is governed by the law of The Netherlands and the seat is in Zurich, Switzerland.
  • Presiding arbitrator in ICC arbitration regarding a complex, multi-party high stake joint venture dispute regarding an airport infrastructure project. The arbitration is governed by Italian and Chilean law and the seat is Geneva, Switzerland.
  • Presiding arbitrator in an ad hoc arbitration involving a dispute over claims arising out of multiple contracts concerning gas field operations in Africa. The arbitration is governed by the laws of England and Wales as well as the law of the State of Texas and the seat is London, England.
  • Presiding arbitrator in an ICC arbitration involving a dispute arising out of a “Tunnel, Dredging and Reclamation Contract” in relation to a claim for an adjustment of the contract price. The arbitration is governed by the law of The Netherlands and the seat is Copenhagen, Denmark.
  • Co-arbitrator in a Swiss Rules (SCAI) arbitration involving a dispute concerning a long-term sponsorship agreement to sell beverages at defined sport events. The arbitration is governed by Swiss law and the seat is London, England.
  • Presiding arbitrator in DIS Rules arbitration, involving two German companies in a dispute regarding price adaptation under a long-term gas storage agreement. The arbitration is governed by German law and the seat is Cologne, Germany.
  • Co-arbitrator in ICSID arbitration involving insolvent German construction company and its claims against Turkmenistan under the Germany-Turkmenistan BIT.
Qualifications

Nathalie Voser graduated summa cum laude from the University of Basel and was admitted to the bar in Switzerland in 1990. She became a juris doctor with summa cum laude in 1992 and obtained an LL.M. with honors from Columbia University (New York) in 1994. In 2005, she received the venia docendi for private law, conflict of laws and comparative law, and in 2014, she was awarded the title of Professor in private law, arbitration law, private international law and comparative law by the University of Basel, where she regularly teaches courses in commercial arbitration and other areas of Swiss private law.

Publications (Excerpt)
  • International Arbitration – Comparative and Swiss Perspectives, 5th ed., Zurich: Schulthess, Baden-Baden: Nomos, 2024 (co-authored with Daniel Girsberger)
  • The Consequences of Achmea on Arbitrations Seated in Switzerland, in: The future of Investment Treaty Arbitration in the EU: Intra-EU BITs, the Energy Charter Treaty, and the Multilateral Investment Court, C. Baltag/A. Stanic (ed.), Wolter Kluwer 2020, pp. 115 – 142 (co-authored with Sebastiano Nessi)
  • Besonderheiten einiger wichtiger Jurisdiktionen – Schweiz, in: Salger/Trittmann, Internationalen Schiedsverfahren, Praxishandbuch, 2019
  • Know How Construction Arbitration Switzerland 2018, published by the Global Arbitration Review (GAR), 2018 (co-authored with Elliott Geisinger, Christopher Boog and Katherine Bell)