Andreas Frischknecht

Andy is known for leveraging jurisdictional and other procedural defenses to shut down cases early, saving overseas clients the time, expense and uncertainty of litigating in an unfamiliar system. When cases do continue, he has the experience to see them through to conclusion. He has dealt extensively with recurring issues in cross-border disputes such as foreign sovereign immunity, data privacy, and discovery in aid of foreign proceedings under 28 U.S.C. § 1782.

Andy has acted as counsel in international commercial arbitrations under various institutional rules (including the ICC, ICDR, SIAC, NAI and Swiss Rules).  Arbitration-related litigation, such as award enforcement actions and ancillary proceedings in aid of arbitration, is another significant component of Andy’s practice.

Originally trained as a Swiss lawyer, Andy has a deep understanding of both the common and civil law systems and traditions. He is a sympathetic and effective guide for businesses and individuals confronted with U.S. disputes. And as a bilingual German speaker, Andy regularly represents German-speaking clients in litigation and arbitration proceedings.

Andy has been with Chaffetz Lindsey since the Firm’s founding in May 2009.  Previously, he was associated with Clifford Chance US LLP and Hughes, Hubbard & Reed LLP.

• Won a $300 million final award on behalf of owners of a major Central American power plant project in a Singapore-seated ICC arbitration arising from construction and project finance disputes.
• Won dismissal of claims against a European sovereign following an evidentiary hearing in litigation over ownership of a major Picasso painting.  See Schoeps v. Free State of Bavaria, 27 F. Supp. 3d 540 (S.D.N.Y. 2014).  Judgment affirmed on appeal.  See 611 Fed. App’x 32 (2d Cir. 2015), cert. denied, 136 S. Ct. 895 (2016).

• Won preliminary injunction in federal district court in Florida on behalf of leading German eyewear manufacturer in aid of pending international arbitration in Germany. See Rodenstock GmbH v. New York Optical Int’l, Inc., 18-62054-CIV, 2018 WL 4445108, at *2 (S.D. Fla. Sept. 14, 2018).
• Representing a South Pacific sovereign in a London-seated ICC arbitration over alleged breaches of a settlement agreement arising from a dispute over an investment agreement.

• Represented a foreign central bank in the Southern District of New York, the Second Circuit and the U.S. 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, 136 S. Ct. 1310 (2016).

• Representing a Turkish construction company in federal court proceedings in the District of Columbia to enforce an arbitral award against the Kyrgyz Republic arising from a dispute over a highway construction project in that country.
• Obtained dismissal following settlement of all claims against African central bank in litigation over tens of millions of dollars in disputed payments under decades-old loan agreements. See Exp.-Imp. Bank of Republic of China v. Cent. Bank of Liberia, 1:15-CV-09565 (ALC), 2017 WL 6398726 (S.D.N.Y. Dec. 13, 2017).

• Represented 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 Geneva-seated ICC arbitration.
• Won dismissal, for lack of personal jurisdiction and failure to state a claim, of third-party claims asserted against former director in litigation brought by asset-holders of expropriated foreign oil and gas company.  See Yukos Capital S.A.R.L. v. Feldman, No. 15-cv-4964(LAK), 2016 WL 209491 (S.D.N.Y. Jan. 13, 2016).
• Representing a Swiss financial institution in 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.

• “Enforcement of Foreign Arbitral Awards and Judgments in New York,” Kluwer Law International (2018), Co-Authored with Yasmine Lahlou and Gretta Walters.
• “The Commercial Activity Exception to Sovereign Immunity Under the Foreign Sovereign Immunities Act,” Practical Law (May 2017).
• “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 (October 2011), Co-Authored with Vera Schmidt.
• Chaffetz Lindsey New York Commercial Litigation Report, Co-Editor.

•  “Cryptocurrencies,” IBA Annual Litigation Forum, Session Co-Chair (Berlin, May 2019).
• “The more efficient approach: Prague Rules or IBA Rules?” 17th Petersberger Arbitration Days (Bergisch Gladbach, February 2019).
• “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?”  ABA Section of International Law / International Section of the German Bar Association Conference (Frankfurt, June 2013).
• “Like Moths to the Light: Is New York on Track to Become the Judgment Enforcement Capital of the World?” (London, September 2012).

• Officer, International Bar Association – Litigation Committee
• Federal Bar Council