November 2017 – The fifth volume of Chaffetz Lindsey’s New York Commercial Litigation Report is now available. The report contains recent case summaries to keep you informed on new developments, and reminded of old ones. The cases in this issue…Read More
Andreas Frischknecht has been with the Firm since its founding in May 2009. Andy has 15 years of dispute resolution experience and has litigated a broad range of cases in the state and federal courts in New York and elsewhere, in trial courts and on appeal. He regularly represents corporate clients in transnational cases, including complex commercial contract and financial disputes, as well as sovereign clients in disputes arising under the Foreign Sovereign Immunities Act. Additionally, Andy has represented clients in international arbitrations under the ICC, SIAC and NAI Rules, and in subsequent award enforcement proceedings. Andy’s “impressive” ability to become “expert in a specific area that is the focus of the arbitration” has been recognized by Legal 500 USA.
Andy is a member of the American and International Bar Associations and the Federal Bar Council. Before joining Chaffetz Lindsey, Andy was with Clifford Chance for over three years and, prior to that, with Hughes Hubbard & Reed LLP from 2002 to 2006. He is a bilingual English and German speaker and a dual Swiss-American citizen and regularly represents German-speaking clients in U.S. proceedings.
Andy is the co-editor of Chaffetz Lindsey’s New York Commercial Litigation Report.
- Represent a foreign central bank in the Southern District of New York, the Second Circuit and the United States Supreme Court in an action by judgment creditors to enforce billions of dollars in outstanding judgments against nearly $2 billion in assets restrained and later blocked in a New York bank account. See Bank Markazi v. Peterson, — S.Ct. —-, No. 14-770, 2016 WL 1574580 (U.S. Apr. 20, 2016).
- Represent a European sovereign, both in trial court and on appeal, in litigation over ownership of significant artwork. Following evidentiary hearing, obtained dismissal of all claims asserted against the client for lack of jurisdiction under the Foreign Sovereign Immunities Act. See Schoeps v. Free State of Bavaria, 27 F. Supp. 3d 540 (S.D.N.Y. 2014), aff’d, 611 Fed.Appx. 32 (2d Cir. 2015), cert. denied, 136 S. Ct. 895 (2016).
- Represent a Swiss financial institution in a series of bankruptcy court actions in the Southern District of New York brought by the Madoff trustee and the liquidator of three of the largest Madoff feeder funds.
- Represent the owners of a major power plant project in Central America in an ICC arbitration seated in Singapore arising out of construction and project finance disputes.
- Represent a Turkish holding company in federal court proceedings concerning the enforcement of a nearly $1 billion foreign arbitral award, as well as in a related arbitration in Europe under the ICC Rules.
- Represent a former director in litigation in the Southern District of New York brought by entities holding assets of expropriated foreign oil and gas company. Obtained dismissal of all claims for lack of personal jurisdiction and failure to state a claim. See Yukos Capital S.A.R.L. v. Feldman, No. 15-cv-4964(LAK), 2016 WL 209491 (S.D.N.Y. Jan. 13, 2016).
- Represent a South Pacific sovereign in federal court litigation in the District of Columbia arising from the alleged breach of an investment agreement. Obtained dismissal following favorable settlement.
- Represent a Swiss pharmaceutical company in a Netherlands Arbitration Institute proceeding against one of the world’s largest pharmaceutical companies concerning alleged breaches of a licensing and development agreement.
- Represent a Swiss-based life insurer in a putative securities class action in Florida federal court. Obtained dismissal following favorable settlement.
- Represent an international energy company in an arbitration under the Singapore International Arbitration Centre rules concerning fraud and breaches of warranties arising out of a corporate acquisition.
- The Commercial Activity Exception to Sovereign Immunity Under the Foreign Sovereign Immunities Act (Practical Law, May 2017, with Farrell Brody).
- Privilege and Confidentiality in Third Party Funder Due Diligence: The Positions in the United States and Switzerland and the Resulting Expectations Gap in International Arbitration (Transnational Dispute Management, Vol. 8, Issue 4, October 2011, with Vera Schmidt).
- Third-Party Funding Update: New York Court Narrowly Applies Champerty Law While Florida Court Holds Investors Can be Liable for Costs (Newsletter of the IBA Arbitration Committee, March 2010, with James Hosking).
Recent Speaking Engagements
- Evidence Gathering and Discovery in U.S.-Swiss Litigation & Arbitration Proceedings (Zurich, November 2017)
- Mediating Political Conflict in Times of Crisis: the Past, Present and Future of the Most Common and Suitable Type of Disputes for Mediators (IBA Annual Conference, Sydney, October 2017)
- Ethical Aspects of Multi-Jurisdictional Litigation (IBA Annual Litigation Forum, Paris, April 2015)
- Foreign Sovereign Immunities Act – What’s Next?, Knowledge Group Live CLE Webcast (October 2014).
- Personal Jurisdiction: How Can Foreign Manufacturers Minimize Exposure to Litigation in the United States and Europe?, Successfully Navigating Hazardous Waters: The Third Conference on Transatlantic Deals and Disputes, ABA Section of International Law / International Section of the German Bar Association Conference (Frankfurt, Germany, June 2013).
- Like Moths to the Light: Is New York on Track to Become the Judgment Enforcement Capital of the World?, Long Arms and Sharp Elbows: Recent Developments in International Commercial Dispute Resolution, 4 New Square Chambers (London, September 2012).
- New York University Law School, LL.M., 2002.
- University of Bern, Faculty of Law, LL.B., magna cum laude, 1998.
- Admitted in New York, 2003.
- Admitted in Bern, Switzerland, 2001 (currently inactive).
- United States District Courts for the Southern, Eastern and Northern Districts of New York and the District of Columbia.
- United States Court of Appeals for the Second Circuit.
- United States Supreme Court.