Dr Charles Poncet, M.C.L.

Dr Charles Poncet, M.C.L.

Dr Charles Poncet, M.C.L.

Charles Poncet is a Swiss lawyer and former Swiss MP specializing in international arbitration, commercial and contractual litigation, and white collar matters.

Admitted to the Geneva Bar in 1972, after two years of internship (avocat stagiaire), Charles Poncet was trained as a trial lawyer, participating in several leading criminal cases as early as 1974. He practiced at Staehelin, Hafter & Partners and in 1975 he joined his family law firm in Geneva (Poncet, Turrettini, Amaudruz & Neyroud) founded by his father and led by his brother. In 1981 he joined Lalive & Budin in Geneva, until he started his own law firm in 1986 which eventually became ZPG in Geneva and then CMS von Erlach Poncet after the merger with CMS von Erlach Henrici in 2014. Dr.Poncet has retired from CMS at the end of 2017 and practices as Poncet SARL.

Charles Poncet has been active in international arbitration for over twenty years, initially as secretary of several international arbitral tribunals and subsequently as arbitrator, chairman or counsel. He appeared in several leading cases concerning large scale investments, joint ventures and other issues.

Publications

Dr. Poncet has a web site www.swissarbitrationdecisions.com containing his translations and short comments of all decisions of the Swiss Supreme Court (Federal Tribunal) concerning international arbitration since 2008.

Other publications include:

Res judicata: a contribution to the Debate on Claim Preclusion in International Arbitration, Liber Amicorum en l’honneur de William Laurence CRAIG, LEXIS NEXIS (2016). The Arbitrator was Late by One Day and His Jurisdiction Expired 2014 European International Arbitration Review 3 : 1 p. 29 (2014)

The Global Arbitration Report – Translation for case 4A_124/2014 (Violation of due process (right to be heard) Challenge of arbitrators Equal treatment of the parties Decisions on Lausanne Court of Arbitration for Sport).

The Independence of the Court of Arbitration for Sport, 2012 European International Arbitration Review (2012)

When is a “Swiss” “Award” appealable, Paris Journal of International Arbitration, 2012/1, L.G.D.J. Lextenso éditions, p. 135

Obtaining revision of “Swiss” international arbitral award : whence after Thalès ?, in Stockholm International Arbitration Review, 2009 : 2, Arbitration Institute of the Stockholm Chamber of Commerce, p. 39-53

Can a Party Benefiting from an Award Rendered Against a State Enforce the Award Against an Instrumentality of Such State? Introductory Remarks in IAI Series No 4 on State Entities in International Arbitration, E. Gaillard and J. Younan eds., Juris Publishing, 2008

Challenges to the jurisdiction of international arbitrators, an important decision of the Swiss Supreme Court, 50 Arbitration p. 156 (1984)

Except on international arbitration from the Swiss draft statute on private international law, XXIII International Legal Materials p. 713 (1984).

Swiss Supreme Court opinions in the first and second Santa Fe cases, XXII International Legal Materials p. 785 (1983) and XXIV International Legal Materials p. 745 (1985).

Swiss Supreme Court opinion in the matter of EL NASR EXPORT IMPORT & CO. v. ANGLO FRENCH STEEL CORPORATION SA, XXIII International Legal Materials p. 1143 (1984), also X Yearbook Commercial Arbitration p. 123 (1985).

Book review (Bank accounts: a world guide to confidentiality), 78 American Journal of International Law 1013 (1984).

The new Swiss statute on international arbitration, XXVII International Legal Materials p. 37 (1988).

Switzerland’s new statute on international arbitration, 1 WAMR 15 (1990).

Swiss Supreme Court clarifies scope of the new arbitration law, 1 WAMR 52 (1990).

Swiss Supreme Court finds no immediate right to appeal Court’s appointment of arbitrator, 1 WAMR 88 (1990).

Swiss Supreme Court examines implications of stay based on set-off counterclaim, 2 WAMR 38 (1991).

Swiss Supreme Court gives narrow construction to “public policy”, 2 WAMR 97 (1991).

Lack of reasoned opinion will not form basis for appeal under Swiss law, 2 WAMR 241 (1991).

Swiss Supreme Court reaffirms strict view of public policy, 2 WAMR 265 (1991).

Swiss Supreme Court rules on severability, waiver of appeal, right to be heard, 2 WAMR 297 (1991).

La perception Suisse de la Kompetenz-Kompetenz, Les Cahiers de l’Arbitrage 2013-1 p.27 (2014)

Le Tribunal fédéral suisse annule (enfin?) une sentence arbitrale internationale pour contrariété à l’ordre public, Les Cahiers de l’Arbitrage, 2011/4, L.G.D.J. Lextenso éditions, p. 1093

International Arbitration

1971 – Bar Exam (Geneva)

1982 – PhD University of Geneva Law School
1975 – Master of Comparative Law, Georgetown University Law School in Washington D.C. (USA)
1969 – University of Geneva Law School

English, French, German, Italian
Geneva

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Dr Charles Poncet, M.C.L.