Litigation and Arbitration

Swiss Economics provides economic analysis and damages quantification in support of arbitration and litigation. Drawing on methods from competition economics, corporate finance, and econometrics, we help clients establish and defend their positions in settlement negotiations and court proceedings.

Our services follow the natural progression of a dispute:

  • Strategic advice: We advise clients and their legal counsel on the economic strengths and weaknesses of their position, and on strategic and tactical aspects of the proceedings, helping to structure an effective approach from the outset.
  • Risk assessment: We help clients form a grounded understanding of the scope and magnitude of potential damages claims, drawing on the available economic evidence to support early-stage decisions on whether and how to pursue or defend a claim.
  • Data collection: We assist in identifying, gathering, and organising the data required to quantify the damages at issue, working closely with clients and their legal teams to ensure the evidential foundation is complete and well-structured.
  • Expert reports: We prepare well-reasoned, clearly presented expert reports setting out detailed damages calculations, with full documentation of the underlying methodology and assumptions.
  • Expert testimony: We present and defend our analysis in settlement meetings and arbitration hearings, and provide expert testimony in court, explaining complex economic reasoning in terms accessible to judges, arbitrators, and counsel.

Contact

Michael Funk is a Principal with Swiss Economics.

Matthias Hafner is a Principal with Swiss Economics.

Nina Schnyder is a Senior Economist with Swiss Economics.

Get to know our whole team.

Selected Projects

Swiss Economics prepared an economic expert report for legal proceedings analysing the impact of risks on expected margins, covering market conditions, required return assessments, and econometric margin analysis.

Swiss Economics prepared an expert economic report for a legal proceeding quantifying reputational damages, covering lost business opportunities via a comparables-based approach and reputation restoration costs based on article publication cost analysis.

Swiss Economics reviewed an existing valuation and conducted an independent DCF and market multiples valuation of disputed assets in a shareholder dispute.

Swiss Economics supported on the quantum case of an international arbitration

How can the German economy be protected against the systemic risks of terrorism and pandemics?

What is the damage arising from the enactment of new EC law on an affected business?

What are financial losses of hospitals due to measure against COVID-19 introduced by the Federal Council?

What are the damages resulting from a margin squeeze (abuse of a dominant position)?

What is the value of an asset in the telecommunications sector?

Publications

What were the financial implications of the Corona pandemic for Swiss hospitals in 2020? What was the role of the Federal Council's ban on non-urgent interventions from March 16 to April 27, 2020?

Concurrences N°4-2019, pp. 50-58.