Benjamin Schumacher

Practice Areas

Benjamin Schumacher is a dispute resolution specialist. He represents clients in commercial, contractual, and corporate disputes (including directors' and officers' liability, shareholders and M&A-related disputes) before state courts, in domestic and international arbitration proceedings (including under the Swiss Rules, ICC, and ad hoc), and before regulatory and administrative authorities. He is frequently retained to provide strategic pre-litigation advice. Benjamin has a particular focus on insurance and reinsurance disputes. He advises and represents clients across all major commercial lines, including general and product liability, business interruption, errors and omissions (E&O), property and casualty (P&C), directors' and officers' liability (D&O), professional indemnity (PI), cyber risks, transport insurance, as well as transaction-related insurance (e.g. W&I, M&A, and private equity). He regularly advises corporate clients and insurance brokers on the drafting of policy wordings and the structuring, negotiation and renewal of international insurance programs. Another key area of Benjamin's practice is insolvency, enforcement, and asset recovery. He represents foreign insolvency practitioners, creditors, and corporate bodies in insolvency-related disputes, cross-border asset tracing, and contentious restructuring scenarios. International sanctions is another field of expertise.

Career

Partner with Nater Dallafior Rechtsanwälte AG, Zurich (since 2022)

Associate and Senior Associate with Nater Dallafior Rechtsanwälte AG, Zurich (2015–2021)

Visiting Foreing Lawyer with Wilmer Hale, London (2018)

Research assistant with the chair of civil procedural law, private law, international private law and comparative law at the University of Zurich (Prof. T. Domej, 2014–2015)

Substitute judge with the District Court of Horgen (2014 full time)

Law clerk with the District Court of Horgen (2009–2012)

Junior Associate with Bär & Karrer AG, Zurich (2008–2009)

Work Highlights

Commercial & Corporate Litigation:

Representation of a corporation and its board of directors in a dispute with a minority shareholder. The litigation concerned the issue whether a minority shareholder (with a 20% participation) can demand the retroactive application of a so-called recognised accounting standard (i.e., IFRS, Swiss GAAP FER, US GAAP or IPSAS).

Defending a member of the board of directors in three related liability cases, some of which before the Commercial Court of Zurich and in appeal proceedings before the Swiss Federal Supreme Court.

Representation of a manager in a dispute concerning the payment of a significant sign-on bonus agreed with a multinational group of companies.

Representation of a contractor in a dispute concerning the claims for payment in connection with a joint venture agreement.

Representation of a a family owned and ran company concerning the payment of fees for consultancy and brokerage services.

Defending a client in a litigation concerning the sale and purchase of a rare and very precious classic sports car (Ferrari California Sypder Covered Eyes). After the client sold his classic car for a record-braking price of nearly EUR 16 million, a third party, a company domiciled in Germany, claimed the payment of a significant commission fee for an alleged brokerage of the sale and purchase of the classic car.

Representation of a pharmaceutical company against its insurers with regard to the recovery of liability and defense costs incurred in the underlying US litigation and damages due to liability after the client was served with an US class action lawsuit involving hundreds of plaintiffs. The insurance tower provides for CHF 150 million in coverage.

Representation of a German professional football club in enforcement proceedings against a Swiss company (debtor)

Representation of an internationally operating bank against three different insurance carriers in three different proceedings. The dispute concerns the bank’s business liability insurance programme. The value in dispute was in excess of CHF 50 million. The underlying liability dispute was in the middle east.

Arbitration:

Representation of a multinational agrochemical corporation in a coverage dispute against its insurance tower consisting of three layers and 14 insurers, providing coverage for USD 650 million in total. The arbitration proceedings seated in Switzerland under the Swiss Rules of Arbitration is against all eight co-insurers providing coverage for the first excess layer (USD 250 million). The underlying liability proceedings were in the US (multi district litigation) with hundreds of plaintiffs.

Representation of a multinational corporation in a coverage dispute against its insurance tower consisting of four layers and 16 insurers, providing for coverage of USD 675 million in total. The seat of the arbitration was Switzerland and the Swiss Rules of Arbitration applied. The coverage dispute arose after the policyholder and certain co-insured entities were sued by thousands of US plaintiffs in a nation-wide class action and after the damage claims ended by means of a settlement pursuant to which the policyholder was obligated to pay compensation of more than USD 1.5 billion.

Recognition and enforcement (incl. attachment of assets and setting aside objections against enforcement proceedings) of an arbitral award rendered by a tribunal seated in London under the rules of the Grain and Feed Trade Association (GAFTA) in London.

Advice of a private bank in connection with arbitration proceedings in London under the LCIA Arbitration Rules pertaining to a worldwide business liability insurance policy, provided by several insurance carriers. The underlying liability case concerns a claim against the bank brought by a former client demanding payment of damages in excess of EUR 80 million.

Insurance Disputes:

Representation of a pharmaceutical company against its insurers with regard to the recovery of liability and defense costs incurred in the underlying US litigation and damages due to liability after the client was served with an US class action lawsuit involving hundreds of plaintiffs. The insurance tower provides for CHF 150 million in coverage.

Representation of an internationally operating bank against three different insurance carriers in three different proceedings. The dispute concerns the bank’s business liability insurance programme. The value in dispute was in excess of CHF 50 million. The underlying liability dispute was in the middle east.

Representation of a group of medical clinics in a dispute against an insurer concerning coverage for business interruption. The dispute arose in the wake of the Covid-19 crisis after the Swiss Federal Government had imposed a ban on hospitals and clinics to carry out medical treatments other than those necessary for treatment of Covid-19 patients. The value in dispute was CHF 7 million.

Representation of a multinational trading company against a its insurer in a multimillion coverage claim in connection with the corporations’ global business liability insurance with provided for coverage of product recall costs. The underlying liability concerned a recall of more than 22,000 electronic devices from the Australian market. The value in dispute was in excess of USD 30 million.

Representation of a multinational corporation specialising in products and services for electrical and optical connectivity in a claim for insurance coverage after the corporation became the victim of a targeted cyberattack. The value in dispute was EUR 10 million.

Advising an insurance broker on the drafting of polices purchased on the London market (Lloyd’s of London). The focus of our advice was on the (potential) enforcement of coverage provided by syndicates.

Representation of a multinational agrochemical corporation in a coverage dispute against its insurance tower consisting of three layers and 14 insurers, providing coverage for USD 650 million in total. The arbitration proceedings seated in Switzerland under the Swiss Rules of Arbitration is against all eight co-insurers providing coverage for the first excess layer (USD 250 million). The underlying liability proceedings were in the US (multi district litigation) with hundreds of plaintiffs.

Representation of a multinational corporation in a coverage dispute against its insurance tower consisting of four layers and 16 insurers, providing for coverage of USD 675 million in total. The seat of the arbitration was Switzerland and the Swiss Rules of Arbitration applied. The coverage dispute arose after the policyholder and certain co-insured entities were sued by thousands of US plaintiffs in a nation-wide class action and after the damage claims ended by means of a settlement pursuant to which the policyholder was obligated to pay compensation of more than USD 1.5 billion.

Advice of a private bank in connection with arbitration proceedings in London under the LCIA Arbitration Rules pertaining to a worldwide business liability insurance policy, provided by several insurance carriers. The underlying liability case concerns a claim against the bank brought by a former client demanding payment of damages in excess of EUR 80 million.

Insovlency Disputes & Asset Recovery:

Representing and advising the insolvency administrator of a Lithuanian bank in asset recovery proceedings in Switzerland, involving attachment, enforcement, auxiliary bankruptcy and criminal proceedings as well as international mutual assistance.

Representing and advising an English insolvency trustee of several insolvent entities in connection with an international fraud scheme, including the recognition and enforcement of winding-up and bankruptcy orders issued by the High Court of England and Wales.

Recognition and enforcement (incl. attachment of assets and setting aside objections against enforcement proceedings) of an arbitral award rendered by a tribunal seated in London under the rules of the Grain and Feed Trade Association (GAFTA) in London.