Anne Véronique Schlaepfer
Biography
Overview
In 2015 Anne Véronique founded the White & Case arbitration practice in Switzerland, which she has been leading ever since.
Before joining White & Case, she was a partner at a leading Swiss law firm (2002-2015), where she co-chaired the arbitration department for several years.
Counsel in arbitration proceedings
Anne Véronique has acted as counsel in more than 150 arbitration proceedings (see list attached). She is rated as one of the ten most influential arbitration counsel in Switzerland. Her expertise, experience and sense of strategy is widely recognized.
In particular, she has very broad experience in construction arbitration, having represented parties in disputes relating to major projects around the globe (for example in the EU, UK, South America, Australia, Middle East), such as refineries, petrochemical plants, biomass and infrastructure projects.
As lead counsel, she has managed cross-border teams of lawyers and experts and parallel proceedings before arbitral tribunals and state courts (notably relating to IP aspects of construction disputes). Among others, she obtained the dismissal of hundreds of million dollar claims against EPC contractors for alleged delays and defects.
Anne Véronique has also represented energy companies in various disputes (for instance gas price disputes). She has also published in this field, notably on the particularities of price determination in the gas sector and on the impact of res judicata on long term energy contracts.
More broadly, Anne Véronique has represented companies active in the pharmaceutical field, in the nuclear industry and in the delivery of inspection, testing and certification.
She has also represented parties before Swiss Courts, including the Swiss Federal Tribunal in annulment proceedings, and gives legal opinion on Swiss law (particularly Swiss arbitration law).
Arbitrator
Anne Véronique regularly sits as arbitrator in various types of disputes (construction, post M&A, pharmaceutical etc.) under the auspices of different institutions (ICC, Swiss Rules, LCIA, SCC, DIAC, CAM-CM etc.).
She is listed on the panel of arbitrators of the British Virgin Islands International Arbitration Centre.
Development of international arbitration; role in arbitral institutions and organisations
Anne Véronique is engaged in the development of arbitration. She was involved in the revision of the Swiss Rules and the ICC Rules and participated in the development of soft law in the field of arbitration.
She was one of the experts consulted by the Swiss Parliament for the revision of Chapter 12 of the Private International Law Act (parliamentary session of May 2019, Comité des affaires juridiques du Conseil National)
Anne Véronique is active in various arbitration institutions and associations:
- Delegate of the Arbitration & ADR Committee of the ICC Switzerland (current) and member of the Nomination Commission of the ICC National Committee in Switzerland (current)
- Member of the ICC Executive Board (2016-2022)
- Vice-President of the ICC Court (2015-2021)
- Co-Chair of the Arbitration Committee of the IBA (2015-2016)
- President of the Arbitration Court administering Swiss Rules arbitrations (2010-2013)
- Member of the LCIA Court (2015-2018)
- Member of inter alia ASA, ICCA, London International Arbitration Club.
Experience
Construction disputes
- Representation of EPC and EPCm contractors in disputes against owners relating to the construction of refineries in the EU (ICC arbitration). These disputes relate to delays and change of design, raising various issues notably regarding the application of clauses limiting liability. EUR 200 million to more than EUR 300 million in dispute. Successful outcomes in both cases. In one of them, the final award was confirmed by state courts in annulment proceedings launched by the owner.
- Representation of EPC contractors in various disputes against the owner or sub-contractor relating to the construction of nitric acid plants in Australia and Norway. These disputes relate to allegations of delays and defects and termination of subcontracts, raising inter alia issues relating to design, confidential information, condition precedent, limitation of liability, res judicata, delays and disruption, repudiation, quantum meruit determination of damages, as well as the application of contractual limitations of liability. EUR 50 million to more than EUR 250 million in dispute.
- Representation of the EPC contractor in ICC arbitration relating to the construction of a biomass plant in the UK.
Energy disputes
- Representation of major European players in the energy sector in gas price disputes (UNCITRAL and SCC arbitrations). These matters involved various issues, such as res judicata effect of previous decisions, criteria to determine a price revision, application of force majeure clauses. From EUR 200 million to EUR 1 billion in dispute.
Mining disputes
- Representation of a large mining company in several disputes relating the development and operation of mines in Africa.
Anne Véronique regularly speaks at conferences, and she has organised several conferences, in particular in her role of co-chair of the IBA Arbitration Committee and as a (former) vice-chair of the ICC Court, among which:
- The ICC Switzerland Conference held in the framework of the 100 years of the ICC Court on damages and their quantification (2023).
- The 20th Annual IBA International Arbitration Day in Milan: "Burden and standard of proof in international arbitration and related proceedings" (2017).
- The 19th Annual IBA International Arbitration Day in Shanghai: "The Future of International Arbitration" (2016).
- She also co-chaired IBA International Arbitration Day in Washington on Investment arbitration (2015).
Anne Véronique regularly publishes on international arbitration. A selection of her publications is below.
"Les applications du précédent en arbitrage international : le précédent dans le cadre de la même affaire ou d'affaires liées (aspects substantiels)", Charles Jarrosson & Claire Debourg (ed.), Revue de l'arbitrage, Vol. 2023, Issue 1, pp. 21-36.
"Energy Disputes – Switzerland", in: Holly Stebbing and India Furse (eds.), Lexology, Getting The Deal Through, 2023, pp.110-130 (co-authored with Alexandre Mazuranic).
"Does the collection of information about arbitrators impede arbitral appointments?", in: Leadership, Legitimacy, Legacy: A Tribute to Alexis Mourre, 2022, pp. 231-236.
"Drafting Arbitration clauses in M&A Agreements", Amy C. Kläsener (ed.) GAR's The Guide to M&A Arbitration, 4th edition 2022, pp. 9-19 (co-authored with Alexandre Mazuranic).
"Direct and Re-Direct Examination", in: Stephen Jagusch QC, Philippe Pinsolle and Alexander G Leventhal (eds.), GAR's The Guide to Advocacy, Law Business Research Ltd, 5th edition 2021, pp.70-84 (co-authored with Vanessa Alarcón Duvanel).
"Striking the Right Balance: The Roles of Arbitral Institutions, Parties and Tribunals in Achieving Efficiency in International Arbitration", in: Bahrain Chamber for Dispute Resolution, International Arbitration Review, Vol. 2, no. 2, December 2015, Kluwer Law International, pp. 329-341 (co-authored with Marily Paralika).
The Burden of Proof in International Arbitration, in: A.J. van den Berg, ed., Legitimacy: Myths, Realities, Challenges, ICCA Congress Series no. 18, Kluwer Law International, 2015, pp. 127-133.
"Adaptation of Contracts by Arbitrators: the Example of Gas Price Revision Disputes", in: Müller/Rigozzi/Besson (eds.), New Developments in International Commercial Arbitration 2014, Schulthess Juristische Medien AG, 2014, pp. 105-119.
"Offers in International Arbitrations and their Impact on the Allocation of Costs: A Focus on Sealed and Final Offers", in: Arbitration: The International Journal of Arbitration, Mediation and Dispute Management, Volume 80, Issue 4, 2014, pp. 405-412, co-authored with Alexandre Mazuranic.
"Jurisdiction and admissibility: a subtle distinction, not always easy to make in international arbitration", in: Les Cahiers de l'Arbitrage = The Paris Journal of International Arbitration, Issue 2, 2013, pp. 327-336.
"La motivación de los laudos en arbitraje comercial internacional y en arbitraje de inversion", in: Liber Amicorum in honour of Yves Derains & Bernardo Cremades, Instituto Peruano de Arbitraje, 2013, pp. 1411-1435 (co-authored with Anne-Carole Cremades).
"The Role of the Institution at the Commencement of the Proceedings", in: P. Habegger et al. (eds.), Arbitral Institutions under Scrutiny, ASA Special Series No. 40, Huntington, N.Y.: Juris, 2013, pp. 55-63.
"Institutional versus Ad Hoc Arbitration", in: Geisinger/Voser/Petti (eds.), International Arbitration in Switzerland: A Handbook for Practitioners, 2nd ed., The Hague: Kluwer Law International, 2013, pp. 13-24 (co-authored with Angelina M. Petti).
"The Revised Swiss Rules of International Arbitration", in: Revista de Arbitragem e Mediação. São Paulo: Editora Revista dos Tribunais (ed.), vol. 9, n. 35, October-December 2012, pp. 215-224 (co-authored with Philippe Bartsch).
"Swiss Supreme Court: arbitral tribunal competent to make new award after original award annulled", in: PLC Arbitration, July 2012 (co-authored with Philippe Bärtsch).
"Anne Véronique is a brilliant lawyer".
"She has an excellent understanding of how to present complex matters, such as in construction disputes"
"The best arbitrator for construction arbitration"
"She is almost omniscient!"
Global Leader – Arbitration 2023
Thought leader: Arbitration
Who's Who Legal, 2019 – present
Arbitration Counsel in Switzerland - Band 1. Chambers Global 2023 – 3 years ranked
"Anne Véronique moves into the top band of Arbitration Counsel this year following impressive work representing international clients in ICC construction arbitrations. She also assists clients with joint venture and contractual disputes and is particularly popular with clients from the energy and transportation sectors."
Arbitration Counsel in Switzerland - Chambers Global 2023
Leading individuals
The Legal 500 EMEA 2022
"Anne Véronique Schlaepfer, main partner and mentor of the team is a force of nature. She breathes law and strategic thinking."
Testimonials – The Legal 500 EMEA 2022
"White & Case had certain partners carrying a big hearings load (six in particular – one of the busiest was Anne Véronique Schlaepfer)."
Global Arbitration Review methodology relating to the determination of the GAR awards in March 2022
Under the leadership of "superb lawyer" Anne Véronique Schlaepfer, White & Case S.A. "really goes the extra mile for clients" and has extensive knowledge of construction disputes and arbitrations relating to the energy, shipping and transportation sectors.
Dispute Resolution: Arbitration, Legal 500 2022
Named among the Best Women in Business Law by Legal Media Group.
Women in Business Law Guide, 10th Edition 2020
Anne Véronique is praised for being "incredibly smart, very efficient and very responsive" and another source describes her as "absolutely tenacious" and "she is very good at managing the process and understanding the big picture to achieve the results the client wants".
Chambers Global and Europe
