Andreas Fankhauser

Andreas Fankhauser

Andreas Fankhauser

Professional experience

Over 18 years of experience in handling and resolving complex disputes through mediation, litigation and arbitration arising out of a variety of business transactions, including in the fields of aviation, transportation, international trade and investment, construction and engineering, product risk and liability, insurance and reinsurance, as well as fraud and asset recovery. Counsel to parties in numerous commercial litigations before Swiss courts as well as in commercial and investment arbitrations. Also sitting as arbitrator.

Non-contentious work involves giving advice in commercial law matters, including direct investments, transactions and trade from Asia to Switzerland and from Switzerland to Asia. Substantial exposure to business, legal systems and culture in Europe and Asia.

  • Since May 2018: Principal at Proton Legal LLC, Zurich
  • 2012-April 2018: Partner (shareholder and member of the board of directors, co-head of the litigation and arbitration practice group) at Baumgartner Mächler Attorneys Ltd., Zurich
  • Since 2017: President of the board of directors of Linton Pacific AG, Zug
  • Since 2014: President of the board of directors of RedAct Kommunikation AG, Zurich
  • 2007-2012: Partner at gbf Gerspacher Bell Fankhauser, Zurich
  • 2001-2007: Associate at Schellenberg Wittmer, Zurich
  • 2000-2001: Judge (“Ersatzrichter”) at District Court of Zurich
  • 1998-2001: Legal secretary (law clerk) at District Court of Zurich
  • 1997-1998: Trainee at District Court of Zurich

Representative matters

  • Sole Arbitrator in a Swiss Rules arbitration between a UAE company, an airline and a Turkish company concerning the wet lease of an Airbus A320 aircraft
  • Advice to a leading Chinese investor concerning major investments in Switzerland
  • ICC arbitration between a Chinese aircraft manufacturer and a French aircraft systems supplier
  • Swiss enforcement proceedings between a company owned by the Ukrainian state and a US company concerning an investment arbitration award rendered under the Rules of the Arbitration Institute of the Stockholm Chamber of Commerce
  • Litigation between a Russian airline and various parties concerning fraud
  • Expert witness on Swiss insurance law and court practice in a coverage dispute in a US court
  • Litigation between the owner of a Gulfstream GV aircraft and its operator
  • Litigation between a Polish company and a Swiss company concerning the purchase and operation of a Gulfstream G550 aircraft
  • Swiss enforcement proceedings between a leading Russian bank and a Russian mining and metals company
  • Advice concerning enforcement in Switzerland of an arbitral award rendered against a sovereign State under the auspices of the Permanent Court of Arbitration in The Hague
  • ICC arbitration between two individuals concerning the ownership of a Dutch company in the phosphorus industry
  • ICC arbitration between a Russian company and a UAE company concerning aircraft purchase agreements
  • Setting aside proceedings before the Swiss Supreme Court, which resulted in a leading case clarifying the standard for challenging the basis of interim awards regarding an arbitral tribunal’s jurisdiction
  • Swiss Rules arbitration between a Luxembourg company and a Turkish party concerning share purchase agreements of Latvian, Lithuanian and Romanian companies
  • Litigation between a victimʹs family and a regional airport in Switzerland arising out of a Raytheon (Hawker Beechcraft) 390 aircraft accident in December 2010 near Samedan
  • Litigation between a regional airport in Switzerland and a helicopter operator arising out of a helicopter accident in June 2008
  • Litigation between a liability insurer and the government of Switzerland arising out of an aircraft accident within the city of Basel in July 2007
  • Regulatory and contractual advice to a Chinese airline
  • Advice on preventive measures to manufacturers and sellers of defective equipment and household consumer products
  • Advice on product risk and liability to a manufacturer of aircraft engine components
  • Litigation between a helicopter operator and the family of the victim of a helicopter accident in April 2005 near Gotthard Pass
  • Regulatory and contractual advice to a US airline
  • Ad hoc arbitration concerning investments in coal mines in Bosnia and Herzegovina
  • Litigation arising out of a mid-air collision between a Bashkirian Tupolev Tu- 154 passenger aircraft and a DHL Boeing 757 cargo aircraft over Southern Germany in July 2002
  • Litigation arising out of a Crossair Avro RJ100 aircraft accident near Zurich airport in November 2001
  • Various proceedings under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards

External recognition

  • Expert Guides: Regularly ranked as a leading practitioner in Aviation Law
  • Whoʹs Who Legal: Regularly ranked as a leading practitioner in the following practice areas: Aviation Contentious, Transport, Insurance & Reinsurance
  • Ranked as a thought leader in Who’s Who Legal Switzerland
  • Who’s Who Legal says:

“Andreas Fankhauser is a top-notch advocate who wins high praise for his strong expertise
handling complex aviation and transportation disputes in both litigation and arbitration
proceedings.”

“Andreas Fankhauser stands out as ‘a strong player’ in the Swiss insurance and reinsurance
market, an area in which he is considered ‘very knowledgeable’.”

“Andreas Fankhauser is a widely recognised figure in the Swiss market, commended for his
strong expertise handling disputes across the aviation sector in both litigation and arbitration
proceedings.”

Publications

  • Regular contributions to the Aviation Newsletter of International Law Office (2013 – present)
  • Air Transport (Swiss Chapter), Law Business Research Ltd.
  • Aviation Liability (Swiss Chapter), Law Business Research Ltd.
  • A Structured Guide to Insurance & Reinsurance in Switzerland, Lexology.

Construction and Engineering, Insurance and Reinsurance, Mediation

18 Years

International Bar Association, Swiss and Zurich Bar Associations, Swiss Arbitration Association,
German Institution of Arbitration, London Court of International Arbitration, International Council for Commercial Arbitration, Tianjin Arbitration Commission, Ulaanbaatar Chamber of
Commerce, Shanghai International Arbitration Center, Shanghai International Aviation Court of
Arbitration, European Air Law Association, Swiss Association of Air and Space Law, Swiss
Association of Tort and Insurance Law, Swiss-Chinese Chamber of Commerce, Swiss-Chinese
Association, Swiss-Hong Kong Business Association, Asia Society

1992-1997 University of Zurich, master of laws degree (“Lizentiat”)

English, French, German
Attorney‐at‐law (Rechtsanwalt) | Proton Legal LLC Europaallee 41 CH‐8021
Zurich