Alain Muster is an associate and member of Pestalozzi's Litigation & Arbitration Group in Zurich. His fields of expertise include international and national commercial litigation and arbitration and contract law.
Alain Muster attended the University of Chicago Law School and received an LL.M. degree in 2015 (Fulbright scholar). He graduated from the University of Bern (Master of Law '08, Bachelor of Law '07) with a specialization in business law. During his studies in Bern, he was a legal intern with the Swiss Federal Department of Foreign Affairs. He completed his junior associate term with Pestalozzi and was admitted to the Swiss bar in 2011. Before rejoining Pestalozzi as an associate in 2012, he worked as a research and teaching assistant at the Institute for Civil Law of the University of Bern (chair of Prof. Dr. Thomas Koller). In 2012/13, he was seconded to a global medical device company. His native languages are German and Spanish.
Located in the Zurich office.
In 2019 the Private International Law Act was revised with the aim of improving and facilitating the recognition and enforcement of foreign bankruptcy rulings. Foreign liquidators can now forgo the previously mandatory ancillary bankruptcy proceedings by filing a petition with the Swiss courts. Recent experiences have shown that the Swiss courts will normally grant such leave if they are satisfied that no privileged or secured creditors in Switzerland exist.
Company boards of directors have a duty to continuously monitor the company's financial situation and take certain measures if it gets into financial difficulties. Given the extraordinary circumstances caused by the COVID-19 pandemic, the government has temporarily suspended their duty to notify the bankruptcy court in the event of imminent overindebtedness where there is a possibility that this situation can be remedied after the crisis.
The general view in Switzerland is that cryptocurrencies are intangible assets sui generis and as such can be subject to regular debt enforcement and insolvency proceedings in Switzerland (provided that these cryptocurrencies have a financial value). This article highlights the particularities to be considered when cryptocurrencies are the target of an attachment procedure (ie, a freezing order) in Switzerland.
In June 2018 the House of Representatives narrowly voted to support a bill which proposes additional protection from claw-back actions for creditors which grant loans that are pre‑approved by an insolvency administrator. While the next steps in the legislative process are unclear, the House of Representatives will likely reopen the debate on this bill in its next session in Summer 2019.