Sebastiano Nessi

International Arbitration (Commercial, Investment and Sports)

Mr. Nessi has extensive experience advising and representing private companies, states, and state-owned entities in commercial arbitrations conducted under various arbitration rules. His experience encompasses disputes in the energy, oil and gas, commodities, pharmaceuticals, banking, aerospace, construction, infrastructure, real estate, maritime, sales, M&A and distribution sectors. Mr. Nessi sits regularly as arbitrator (Chairperson, Sole Arbitrator or Party-appointed arbitrator).

Mr. Nessi has advised and represented several states in some of the largest investment treaty arbitrations, and has also advised states on the negotiation and drafting of trade and investment treaties. Mr. Nessi has also experience in representing athletes and sports federations before the Court of Arbitration for Sports in Lausanne.

Enforcement and Setting-Aside Proceedings in Switzerland

Mr. Nessi also regularly advises clients on the enforcement of arbitral awards and foreign court judgments in Switzerland including by way of attachment orders. In addition to enforcement proceedings, Mr. Nessi has represented clients in some of the most notable setting-aside and revision proceedings before the Swiss Supreme Court.

Thought Leadership

Mr. Nessi speaks frequently at conferences and seminars about international arbitration issues and trends, and is the author of some 50 books and articles. He has lectured at various universities (University of Paris 1 Panthéon-Sorbonne, University of Geneva, Sciences Po Law School (Paris), etc.) and academic institutions (MIDS, Swiss Arbitration Academy, Ukrainian Arbitration School, etc.) since 2014 on topics such as Investment Treaty Arbitration, International Dispute Resolution and International Commercial Arbitration.

Mr. Nessi is consistently ranked as a leading practitioner by major directories.

He has been ranked among the 10 Most Highly Regarded Individuals In Europe, Middle East and Africa Region by Who’s Who Legal: Arbitration (Future Leaders) since 2020 which notes that he is “a blazing talent”, “a brilliant practical and strategic thinker with a great sense of leadership” and “probably the best arbitration counsel of the young generation.” Mr. Nessi is also recognised as a National Leader by Who’s Who Legal Switzerland: Arbitration which praises him for being “a star advocate”.

According to Legal 500: Switzerland, clients and peers describe Mr. Nessi as “tremendously talented and a sharp minded practitioner and certainly a top lawyer to contact in Europe for complex matters. He is insightful, never misses a single detail and is always the first to propose an excellent legal solution which is highly regarded by clients”.

Mr. Nessi is also listed as a Rising Star by Euromoney Legal Media Group Expert Guides since 2019, and in 2021 he was awarded the prestigious Rising Star Award (EMEA) in Commercial Arbitration delivered by the International Financial Law Review (IFLR).

Mr. Nessi served as the Vice-chair of the Chartered Institute of Arbitrators' Young Members Group (CIArb YMG) and ICC YAF Representative for Europe and Russia (2019-2021).

Book/Treatise Chapters

The consequences of Achmea on arbitrations seated in Switzerland, in: The future of Investment Treaty Arbitration in the EU: Intra-EU BITs, the Energy Charter Treaty, and the Multilateral Investment Court / C. Baltag, A. Stanic (eds.), Wolters Kluwer 2020, p. 115 – 142 (co-authored with Prof. Dr Nathalie Voser)

Price revision in long-term energy contracts: when is it possible to adjust prices or modify the terms of a long-term energy contract under Swiss law?, in: 40 under 40 International Arbitration (2018), Carlos Gonzalez-Bueno ed., Dykinson S.L., pp. 386-398

Insolvency and Arbitration, in: Arbitration in Switzerland, The Practitioner's Guide, in: Manuel Arroyo (ed.), Arbitration in Switzerland - The Practitioner's Guide: Commentary, 2nd edition,. Kluwer Law International, 2018, pp. 2687-2705

Expert Witness: Role and Independence, New Developments in International Commercial Arbitration 2016, (C. Müller / S. Besson / A. Rigozzi (eds.)), 2016, Schulthess, pp. 72 et seq.

Anti-Suit and Anti-Arbitration Injunctions in International Commercial Arbitration: The Swiss Approach, SAA Series on International Arbitration, Vol. 3, Selected Papers on International Arbitration, Bern 2013, pp. 163 et seq.

Assessing Damages under the Discounted Cash Flow Approach (DCF): Sound Tool or Speculative Method? A Swiss Perspective, Revue Suisse du droit des affaires et du marché financier (RSDA/SZW), No. 4, 2012, pp. 269 et seq. (co-authored with Prof. Dr Benoît Chappuis)

Frégates de Taïwan: comment une procédure pénale française peut conduire à la révision d’une sentence arbitrale rendue en Suisse, Les Cahiers de l’Arbitrage – The Paris Journal of International Arbitration, No. 3, 2010, pp. 897 et seq. (co-authored with Prof. Dr. Xavier Favre-Bulle)

Articles

A Swiss “(R)Evolution”: SCAI Becomes the Swiss Arbitration Centre and Enacts New Arbitration Rules, Kluwer Arbitration Blog, June 2021

Arbitration hearings: Top 10 Tips for junior associates, Delos Dispute Resolutions, January 2021

Go for broke! Arbitration and insolvency in Switzerland (Chapter 3), Thomson Reuters Practical Law Arbitration Blog, September 2020

Death of a salesman: arbitration and insolvency in Switzerland (Chapter 2), Thomson Reuters Practical Law Arbitration Blog, August 2020

Where credit is due: arbitration and insolvency in Switzerland (Chapter 1), Thomson Reuters Practical Law Arbitration Blog, June 2020

New Law Maintains Switzerland at the Forefront of International Arbitration, Wolters Kluwer - Kluwer Arbitration Blog, August 2020

States of exception: UNCITRAL Working Group III releases its latest report, Thomson Reuters Practical Law Arbitration Blog, April 2020

An appealing reform? UNCITRAL Working Group III releases its latest report, Thomson Reuters Practical Law Arbitration Blog, March 2020

The immune system: enforcing arbitral awards in Switzerland (Chapter 5), Thomson Reuters Practical Law Arbitration Blog, January 2020

Mr Freeze: enforcing arbitral awards in Switzerland (Chapter 4), Thomson Reuters Practical Law Arbitration Blog, November 2019

Don’t stop me now! Enforcing arbitral awards in Switzerland (Chapter 3), Thomson Reuters Practical Law Arbitration Blog, August 2019

Oh, happy payday! Enforcing arbitral awards in Switzerland (Chapter 2), Thomson Reuters Practical Law Arbitration Blog, July 2019

For a few Swiss francs more: enforcing arbitral awards in Switzerland (Chapter 1), Thomson Reuters Practical Law Arbitration Blog, June 2019

Get your Act together: Switzerland to update its arbitration law!, Thomson Reuters Practical Law Arbitration Blog, November 2018

Blade runner: new developments in Pechstein’s judicial marathon, Thomson Reuters Practical Law Arbitration Blog, October 2018

The architects of change: the Swiss Association of Engineers and Architects’ revised arbitration rules, Thomson Reuters Practical Law Arbitration Blog, September 2018

Please, take a seat: Switzerland among users’ preferred choices according to ICC statistics, Thomson Reuters Practical Law Arbitration Blog, August 2018

EU-reka! The application of EU law by Swiss-seated arbitral tribunals, Thomson Reuters Practical Law Arbitration Blog, July 2018

2018 Queen Mary International Arbitration Survey: nihil novi sub sole?, Thomson Reuters Practical Law Arbitration Blog, May 2018

The CJEU decision in Slovak Republic v Achmea: what opportunities for Switzerland?, Thomson Reuters Practical Law Arbitration Blog, April 2018

Les tribunaux spéciaux sont contraires au droit européen, Newspaper Le Temps, Ringier editor, 4 April 2018

WTO appellate body: can arbitration break the current deadlock?, Thomson Reuters Practical Law Arbitration Blog, February 2018

Looking back on 2017: spotlight on arbitral secretaries, Thomson Reuters Practical Law Arbitration Blog, January 2018

Price review arbitration in long-term energy contracts: the power of arbitral tribunals to modify the terms of a contract under Swiss law, Thomson Reuters Practical Law Arbitration Blog, December 2017

Definition of “investment”: an intriguing obiter dictum of the Swiss Supreme Court with unknown consequences, Thomson Reuters Practical Law Arbitration Blog, December 2017

Long awaited trade facilitation agreement enters into force at the World Trade Organisation, Thomson Reuters Practical Law Arbitration Blog, March 2017

Introducing English as a possible language in setting-aside proceedings before the Swiss Supreme Court: a good idea?, Thomson Reuters Practical Law Arbitration Blog, 20 February 2017

Using the discounted cash flow method when assessing a potentially recoverable loss under Swiss law, Thomson Reuters Practical Law Arbitration Blog, January 2017

Creation of a Global Arbitration Ethics Council: the Swiss Arbitration Association declares that time has not yet come, Thomson Reuters Practical Law Arbitration Blog, November 2016

Arbitration, human rights and due process: recent developments in Switzerland, Thomson Reuters Practical Law Arbitration Blog, July 2016

International arbitration and insolvency: the Swiss position in a nutshell, Thomson Reuters Practical Law Arbitration Blog, June 2016

Navigating the pitfalls of multi-tier arbitration clauses: the Swiss Supreme Court (finally) completes the circle, Thomson Reuters Practical Law Arbitration Blog, April 2016

Ioukos: une saga à 50 milliards encore loin de son dénouement final, Newspaper Le Temps, Ringier editor, April 2016

Third-party funding: a Swiss law perspective, in: Thomson Reuters Practical Law Arbitration Blog, March 2016

Seeking a second bite at the apple in setting aside proceedings: Swiss Supreme Court voices concern and sets the record straight, in: Practical Law Arbitration Blog, published on 26 February 2016

TTIP: l’arbitrage d’investissement à la croisée des chemins, Newspaper Le Temps, Ringier editor, Janvier 2016

Sentence Micula: un tribunal condamne la Roumanie à payer 250 millions de dollars, Les Echos, April 2014

Enjeux et portée de la sentence Micula, Capital Finance, March 2014

Un meilleur Règlement suisse d’arbitrage, Newspaper Le Temps, Ringier editor, December 2012