Fridolin Walther

Assertion and defence of claims in court

• Conducting of all kinds of legal proceedings, including in particular claims-based, estate division, liability, appeal and eviction proceedings at the national and international level.
• Fast and straightforward provision of ad-hoc support for law firms based in Switzerland and abroad dealing with complex cases and proceedings before the Federal Supreme Court.
• Provision of expert and second opinions on all matters relating to Swiss civil procedure and enforcement law.

Debt recovery and bankruptcy law/debt collection

• Procedural collection of smaller debts (e.g. CHF 2,000 in unpaid rent) and enforcement of legitimate claims for compensation arising from contracts or offences and amounting to up to hundreds of millions before state courts in German-speaking parts of Switzerland and national and international courts of arbitration.
• Submission of seizure orders and applications for and defence against interim injunctions.
• Conducting all kinds of procedures before a court of first, second and last instance (Federal Supreme Court).

Court-ordered company restructuring

• Support for businesses in financial crisis situations.
• Support for company restructuring.
• Avoidance of imminent bankruptcy by successfully initiating legal probate proceedings with and without assignment of assets.
• Drawing up of extensive business continuation contracts to avoid any disruption to existing client and supplier relations, with a focus on the conclusion of just-in-time purchase and sales contracts.

Drawing up of contracts

• Drawing up of all kinds of contracts (e.g. leases, consultancy agreements, employment contracts, articles of association, licence agreements, service contracts, composition agreements, loan agreements, right of use contracts, purchase agreements, outsourcing agreements, inheritance contracts, project contracts, deposit agreements, shareholders’ agreements, delivery contracts, cooperation agreements, termination agreements, confidentiality agreements, broker and agency agreements, commission contracts and transaction contracts).
• In-depth legal support and advice on multi-stage contract negotiations in Switzerland and abroad.
• Clarification of questions concerning civil law under multiple legal systems at the national and international level (including the provision of an expert opinion where required).
• Optimisation of transactions in terms of tax and liability.

IT law

• Support for companies of all sizes on all kinds of questions relating to IT contracts.
• Drawing up of all contract documentation (with a focus on outsourcing and insourcing, project contracts and development contracts), including multiple-party escalation mechanisms, escrow solutions and aspects relating to change management and governance.
• Settlement of all questions surrounding maintenance, support and licensing.

Public procurement law

• Representation and guidance for submission departments when writing and structuring public tenders, including the required documentation for technically complex products (especially relating to software and hardware in the IT sector).
• Writing and negotiation of procurement and supply contracts and support with their implementation and termination if required.

• Member of various committees and working groups relating to legislative reform (e.g. the Swiss Federal Banking Commission Bank Bankruptcy Ordinance and justice reform in the cantons of Bern and Solothurn).
• Lecturer in Civil Procedure Law at the University of Fribourg (2008).
• Member of the Commission of Bar Examiners (1998–2010) and the Examination Commission for Notaries in the Canton of Bern (2002–2015).
• Auditor for the Swiss Society of International Law (SVIR) (2005–2016).
• Secretary for the Swiss Conference of Lecturers in Civil Procedure Law (2002–2016).
• Co-editor of the Swiss Journal for Civil Procedure Law (SZZP/RSPC).
• Co-author of a textbook on debt recovery and bankruptcy law.
• Member of the editorial team for the Journal of the Bern Lawyers’ Association (ZBJV).
• Member of several associations (SAV, BAV, BJV, ASA, SchKG Association).

• Studied Law at the University of Bern, including internships at Aarwangen District Court, a medium-sized law firm in Bern and the Supreme Court of the Canton of Bern.
• Passed the bar exam and admitted to the bar (1993).
• Research assistant at the Institute for International Civil and Procedural Law at the University of Bern (1993–1997).
• Postgraduate studies at Yale Law School, Master of Law (LL.M.) (1997–1998).
• Senior assistant at the Institute for International Civil and Procedural Law at the University of Bern (1998–2001).
• Doctoral thesis at the University of Bern Law Faculty (2001, summa cum laude).
• Freelance work for a medium-sized law firm in Bern (2001–2002).
• Assistant professor in Civil Procedure Law and Debt Recovery and Bankruptcy Law at the University of Bern (2002–2008).
• Partner of law firm (since 2002).