Photo of Fabienne Bretscher

Dr. Fabienne Bretscher

Associate
Baker McKenzie Switzerland AG

Biography

Dr. Fabienne Bretscher is a mid-level associate at Baker McKenzie’s Zurich office focusing on contentious matters in the areas of civil and commercial as well as intellectual property and competition law. She holds a PhD in the area of dispute resolution in international human rights law from the University of Zurich and a Master's Degree in Transnational Law from the University of Basel. During her graduate and postgraduate studies, Fabienne worked as associate lecturer and research assistant.

Fabienne first joined Baker McKenzie Zurich in 2018 as a trainee lawyer and rejoined the firm after being admitted to the Swiss Bar in 2021.

Practice Focus

Fabienne advises international and domestic clients in civil and commercial as well as intellectual property, competition and regulatory law matters. She has a particular interest in sustainability law and regularly provides legal guidance in this area.

Fabienne specializes in contentious matters and supports clients through all stages of dispute prevention, avoidance and resolution. Fabienne represents clients before state courts and arbitral tribunals as well as administrative authorities.

Representative Legal Matters

  • Defended a Swiss supplier of medical products in an SAC arbitration against claims raised by a former distributor.

  • Acted for a technology provider in an SAC arbitration (including pre-arbitral dispute resolution procedure) to enforce claims for payment of service fees against a client and ultimately secured a settlement agreement.

  • Advised an online auction platform in a lawsuit brought by a buyer in Swiss state courts.

  • Defended a car dealer in interim injunction proceedings in the context of a contractual and trademark dispute with a car manufacturer.

  • Represented a financial services provider in state court proceedings in a trademark and competition dispute ultimately resolved by an amicable settlement.

  • Acted for a multinational technology company in a trademark and competition dispute with a Swiss company active in the blockchain area (including interim injunction proceedings), ultimately securing a global settlement agreement.

  • Advising Consumer Goods & Retail companies in their marketing campaigns, competition law compliance and sustainability transformation.

Professional Associations and Memberships

  • Swiss Bar Association
  • Zurich Bar Association
  • International Bar Association
  • Swiss Arbitration Association

Corporate Responsibility

  • Teaching a master class on trial advocacy to students participating in the Children's Rights Moot Court Competition presented by Baker McKenzie in cooperation with Leiden Law School.

  • Drafting a guide for Ukrainian refugees arriving in Switzerland in cooperation with the Andan Foundation.

Admissions

  • Switzerland (2021)

Education

  • University of Zurich (PhD) (2018)
  • University of Basel (Master of Law) (2014)
  • University of Basel (Bachelor of Law) (2013)

Languages

  • German
  • English
  • French
  • Italian
  • Portuguese

Regular contributions on Global Arbitration News and Global Litigation News

Co-author, "Arbitration of Corporate Disputes in Switzerland," in: Jus Mundi (8 September 2023; together with N.-H. Tran Thang, A. Ray, Y. Fulena)

Co-author, "Privatstiftung und Schiedsrecht - Ausgewählte Problemfelder in Deutschland, Liechtenstein, Österreich und der Schweiz," in: SchiedsVZ 6/2023 (together with D. Prantl, B. Gabriel Oiwoh, I. Reich)

Co-author, "Legal Remedies and Pitfalls for Sellers in Pre-Closing M&A Disputes," in: GTDT Practice Guide Swiss M&A 2023 (together with J. Frick)

Co-author, "Switzerland," in: Baker McKenzie, Global Arbitration Yearbook 2022/2023 (together with J. Frick and V. Hirsiger)

Co-author, "Schiedsgerichtsbarkeit" in: Baker McKenzie, Zürich (Hrsg.), Entwicklungen im schweizerischen Wirtschaftsrecht 2021/2022 as well as 2022/2023 (together with J. Frick)