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

Dr. Michael Funk

Michael Funk is a Principal with Swiss Economics.

Matthias Hafner

Dr. Matthias Hafner

Matthias Hafner is a Principal with Swiss Economics.

Nina Schnyder

Nina Schnyder is a Senior Economist with Swiss Economics.

Selected Projects

Stock market

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.

Smartphone, diary, laptop on the table

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.

Judge's hammer

Swiss Economics supported on the quantum case of an international arbitration

Skyscrapers

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

stapled coins

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

Coronavirus

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

Arbitration Hammer

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

Smartphone, diary, laptop on the table

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

Publications

How the choice of comparables can move a market-based valuation considerably.

Laptop and coffee on a desk

How can the value of a business be estimated when most of its future earnings are expected to arise beyond the explicit forecast period?

Calculator

How cash flow projections influence a valuation under the income approach and how they can be assessed in practice.

Notebook and laptop

In legal proceedings, damages assessments can sometimes differ significantly. This article explains why substantial differences in valuation may arise even when recognised valuation methods are applied.

Hand holding a pen

Seit dem 1. Januar 2025 werden Parteigutachten vor Schweizer Gerichten als Beweismittel anerkannt.[1] Durch diese Änderung gewinnen fundierte und nachvollziehbare Schadensbewertungen für den Ausgang von Streitfällen deutlich an Bedeutung.

In unserem neuen Blogbeitrag geben Matthias Hafner, Nina Schnyder und Michael Altorfer einen kompakten Überblick zu den wichtigsten Bewertungsmethoden.

 

Operating theatre

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?

Arbitration Hammer

Concurrences N°4-2019, pp. 50-58.