Petra Rihar

Relevant arbitration experience:

Over 50 cases as arbitrator (president of the tribunal, co-arbitrator, sole arbitrator), counsel and legal expert; under ICC Rules, Swiss Rules, VIAC Rules, LAC Rules, UNCITRAL.
Petra’s practice covers a wide range of industries. Her expertise includes, among others, post-M&A and shareholder disputes; joint venture and consortium disputes in telecommunication and other infrastructure projects; construction and engineering (incl. FIDIC-related contracts); technology and know-how transfer; and disputes arising out of international sales, licensing, agency and distribution agreements. Petra also has work experience in disputes concerning foreign investments in state infrastructure (investor-state disputes).

Education & certifications:

2006 University of Lucerne School of Law (Dr. iur., magna cum laude)
2006 Columbia Law School, New York (LL.M.)
2004 Zurich bar (admitted to all Swiss courts)
2000 University of Zurich School of Law (lic. iur., magna cum laude)

Publications:

Shareholder Disputes Arising From Shareholders’ Agreements, Protection of Minority Shareholders in Multiparty Proceedings Through Emergency Measures and Joinder – Case Study, Austrian Year-book on International Arbitration 2023, p. 190 et seqq.
Scope and Interpretation of Arbitration Agreements under Swiss Law, ICC Dispute Resolution Bulle-tin 2021, Issue 2 (June 2021), p. 55 et seqq.
Kluwer Arbitration Blog:
- 2023 Year in Review: Switzerland (Part I: Scope of Arbitration Clause, Capacity of Discernment, Res Iudicata), 17 Feb 2024
- 2023 Year in Review: Switzerland (Part II: Enforcement and Parties’ Duty of Curiosity), 17 Feb 2024
- 2022 Year in Review: Switzerland (Part I: Arbitrator’s Independence and Impartiality, Enforce-ment), 8 Feb 2023
- 2022 Year in Review: Switzerland (Part II: Revision, Treaty Shopping and Legislative Develop-ments), 8 Feb 2023
- Decisions of the Swiss Federal Supreme Court in 2020, 5 Feb 2021
- Decisions of the Swiss Federal Supreme Court in 2019 – Part I, 9 Feb 2020
- Decisions of the Swiss Federal Supreme Court in 2019 – Part II, 9 Feb 2020
- Decisions of the Swiss Federal Supreme Court in 2018: Part I, 9 Feb 2019
- Decisions of the Swiss Federal Supreme Court in 2018: Part II, 9 Feb 2019
- Swiss Federal Supreme Court Confirms the Principles for the Admissibility of a Success Fee, 7 Oct 2018 (co-author)
- The right to a tribunal appointed expert, 9 Aug 2011 (co-author)
- Swiss Federal Supreme Court Denies the Applicability of an Arbitration Clause in the Articles of Association to Liability Claims Against Board of Directors of an Insolvent Company, 7 July 2010 (co-author)
- The Swiss Federal Court Dismisses Two Appeals Concerning the Constitution of an Arbitral Tribunal, 7 July 2010 (co-author)
- The Swiss Federal Court Confirms an Award Granting Damages for the Violation of an Arbitra-tion Clause, 7 July 2010 (co-author)
- New Rules on Domestic Arbitration and Their Relation to the Rules Governing International Arbi-tration in Switzerland, 19 Feb 2010 (co-author)
- Piercing the Corporate Veil – Effect on the Arbitration Clause and Jurisdiction, 24 Nov 2009 (co-author)
- A decision based on a written submission of a third party does not violate the right to be heard if the parties to the proceedings had enough time to comment on it, 15 Oct 2009 (co-author)
LexisNexis:
- Case Analysis of the Swiss Federal Supreme Court Decision 4A_187/2020 of 23 Feb 2021, 1 April 2021
Practical Law Arbitration:
- Right to be heard not violated by arbitrator’s refusal to hear witness whose evidence anticipated to be irrelevant, 2 May 2012 (co-author)
- Supreme Court finds that right to appointment of expert by arbitral tribunal was not violated as request made out of time and not in proper form, 4 Aug 2011 (co-author)
- Swiss Supreme Court dismisses appeal to set aside CAS award for lack of jurisdiction, 30 Jun 2011 (co-author)
- Swiss Federal Supreme Court dismisses appeal to set aside decision of the FEI Tribunal and CAS award, 30 Sep 2010 (co-author)
- Swiss Federal Supreme Court dismisses an appeal to set aside a CAS award, 31 Aug 2010 (co-author)
- Swiss Federal Supreme Court is bound by factual findings of lower courts, 13 Aug 2010 (co-author)
- Swiss Federal Supreme Court dismisses appeal without examining the merits where the party filing the appeal declined to pay advance on costs, 4 Aug 2010 (co-author)
- Directors cannot rely on arbitration clause in articles of association of an insolvent company for liability claims by company’s creditors, 30 Jun 2010 (co-author)
- Swiss Federal Supreme Court dismisses two appeals concerning the (irregular) constitution of an arbitral tribunal, 5 May 2010 (co-author)
- Swiss Federal Supreme Court confirms award granting damages in principle for breach of an arbitration clause, 5 May 2010 (co-author)
- Switzerland: anticipated arbitration developments of 2010, 4 Feb 2010 (co-author)
- Switzerland: important arbitration developments of 2009, 16 Dec 2009 (co-author)
- Court of Arbitration for Sport amends its rules, 5 Nov 2009 (co-author)
- Effect on arbitration agreement of piercing the corporate veil, 2 Oct 2009 (co-author)
- Swiss Federal Supreme Court holds right to be heard not violated, 3 Sep 2009 (co-author)
- Law firm providing services to an arbitral tribunal is exempt from VAT, 3 Sep 2009 (co-author)
- Ongoing international arbitration discontinued vis-à-vis insolvent co-respondent, 13 Aug 2009 (co-author)
- Award based on matters not directly addressed in submissions does not violate the right to be heard, 12 Aug 2009 (co-author)
Petra Rihar, Das Einzelunternehmen im Schweizer Privatrecht (The Sole Proprietorship in Swiss Pri-vate Law), Luzerner Beiträge zur Rechtswissenschaft, Band 17, Zurich 2007
Petra Rihar, Obseg varstva pravic blagovnih in storitvenih znamk (The Scope of Protection of Trade and Service Marks in Swiss and Slovene Law), 11 Pravnik 717, Ljubljana 1997

Additional information:

Petra is recognized as "an excellent practitioner with great knowledge of Eastern European markets" who has “an impressive track record in the industry” (WWL Arbitration 2023). She is praised for her “extremely quick analytical mind” (WWL Arbitration 2022) and described as “an absolutely reliable and highly professional lawyer, with an outstanding work ethic” (WWL Future Leaders 2021) who is “well acquainted with handling complex commercial and investment-related disputes” (WWL Future Leaders 2020).