Lukas Rusch is an associate and member of Pestalozzi’s Litigation & Arbitration Group in Zurich. His practice focuses on the resolution of commercial disputes through litigation and arbitration. He represents clients before Swiss courts and in both institutional and ad hoc arbitrations. His practice further covers the enforcement of foreign judgments and arbitral awards as well as attachment and insolvency proceedings.
Lukas handles a wide range of commercial disputes across different commercial and industrial sectors. His experience includes disputes in the pharmaceutical sector, commodity and trade, construction and infrastructure as well as financial services. Lukas also regularly advises start-up companies on negotiations, dispute resolution, and insolvency matters.
Lukas expanded his expertise in the medical device industry during a secondment at a global medical device company in 2012. Prior to joining Pestalozzi, Lukas worked in claims and litigation management with Swiss Re and as a legal trainee with leading international law firms in Princeton, Washington (DC) and London.
Lukas is trained in both civil and common law jurisdictions. He holds degrees from University of St. Gallen (M.A. HSG in Law) and Queen Mary, University of London (LL.M. in Comparative and International Dispute Resolution). During his legal studies, Lukas worked as a research and teaching assistant to Prof. Anne van Aaken in the fields of law and economics and investment treaty arbitration. Lukas is still associated with the University of St. Gallen as a lecturer and coach of the university's team for the Frankfurt Investment Arbitration Moot Court.
Located in the Zurich office.
Company boards of directors have a duty to continuously monitor the company's financial situation and take certain measures if it gets into financial difficulties. Given the extraordinary circumstances caused by the COVID-19 pandemic, the government has temporarily suspended their duty to notify the bankruptcy court in the event of imminent overindebtedness where there is a possibility that this situation can be remedied after the crisis.
The general view in Switzerland is that cryptocurrencies are intangible assets sui generis and as such can be subject to regular debt enforcement and insolvency proceedings in Switzerland (provided that these cryptocurrencies have a financial value). This article highlights the particularities to be considered when cryptocurrencies are the target of an attachment procedure (ie, a freezing order) in Switzerland.
A number of revisions to the Private International Law Act and the Debt Enforcement Bankruptcy Act recently entered into force. The revisions aim to improve and facilitate the recognition and enforcement of foreign bankruptcy rulings and enhance protection against unjustified debt enforcement proceedings. Significantly, Swiss law now recognises foreign bankruptcies opened at the bankrupt's seat, registered office or centre of main interest.