Harold Frey Partner, Head of Litigation and Arbitration
Attorney at Law, LL.M.

Harold Frey

Partner, Head of Litigation and Arbitration
Attorney at Law, LL.M.
+41 58 450 80 00
harold.frey@lenzstaehelin.com
Zurich
Brandschenkestrasse 24
CH-8027 Zurich
www.lenzstaehelin.com
  • Expertise

    Harold Frey leads our Litigation and Arbitration practice in Zurich. In the past several decades, he has represented clients in several hundred international arbitrations and court litigations. Harold's practice has a particular focus on corporate and M&A disputes as well as energy and construction related disputes. He regularly acts in cases involving states and state-owned companies (several cases pending).

    Harold is ranked as a leading individual as counsel in arbitration (Legal500; Chambers, Band 1). Legal500 includes him in the Hall of Fame for his continued excellence in dispute resolution over the past ten years. WWL 2023 lists him as (one out of four) Global Elite Thought Leader for Commercial Litigation in Switzerland.

  • Practices

  • Sectors

  • Professional Experience and Education

    and Education

    2009Partner, Lenz & Staehelin
    2005Arbitration Group of Wilmer Cutler Pickering Hale & Dorr, London
    2001District Court of Dielsdorf, Zurich
    2001New York Bar Admission
    2001New York University School of Law (LL.M.)
    1997Swiss Bar Admission
    1996University of Zurich (lic. iur.)
  • Specialist Areas

    International Arbitration, Litigation, Investigations, International Legal Assistance, Sports
  • Languages

    German, English
  • Memberships

    Board member of the Swiss Arbitration Association (ASA), member of the Arbitration Court of the Swiss Arbitration Centre, The London Court of International Arbitration (LCIA), German Institution of Arbitration (DIS), Zurich Bar Association (ZAV), New York Bar Association
  • SELECTED PUBLICATIONS

    • Frey H., Müller D., M&A Litigation 2022 - Switzerland, in: Getting the Deal Through, April 2022, 48-54
    • Frey H., Christen S., Chapter 27: Das erstinstanzliche Verfahren: Besonderheiten bei spezifischen Streitigkeiten, section II: Aktienrechtliche Anfechtungsklage, in: Haas/Marghitola (eds.), Fachhandbuch, Zivilprozessrecht, Expertenwissen für die Praxis
    • Frey H., Rötheli A., Favre-Bulle X., Riz à Porta G., The Mergers and Acquisitions Litigation Review - Switzerland, in: The Law Reviews, 1st edition, December 2020, 120-128
    • Frey H., Wehland H., Arbitration 2020 - ICSID, in: Getting The Deal Through, October 2020, 20-22
    • Frey H., Schärli P., Schleiffer P., Securities Litigation 2020 - Switzerland, in: Getting the Deal Through, May 2020, 75-81
    • Frey H., Wehland H., Arbitration 2019 - ICSID, in: Getting The Deal Through, February 2019, 22-24
    • Frey H., Müller D., Arbitrating M&A Disputes, in: Manuel Arroyo (ed.), Arbitration in Switzerland, 2nd edition, The Netherlands 2018, Vol. I, 1113-1190
    • Frey H., Wehland H., Arbitration 2018 - ICSID, in: Getting the Deal Through, March 2018, 22-24
    • Favre-Bulle X., Frey H., Arbitration 2018 - Switzerland, in: Getting the Deal Through, February 2018, 317-323
    • Frey H., Lenggenhager F., M&A Disputes in Switzerland, in: Legally India, February 2018, 108-112
    • Frey H., Favre-Bulle X., Aebi M., Arbitration procedures and practice in Switzerland, in: Practical Law Multi-Jurisdictional Guide, Arbitration 2016/17
    • Frey H., Christen S., Statutarische Schiedsklauseln, Besprechung des Urteils 4A_492/2015 des schweizerischen Bundesgerichts vom 26. Februar 2016, in: GesKR 2/2016, 238-241
    • Frey H., Lenggenhager F., Anti-Corruption Survey 2014 - Switzerland, in: International Financial Law Review, 2014, 23-24
    • Tschäni R., Frey H., Müller D., Streitigkeiten aus M&A-Transaktionen, Zurich 2013
    • Frey H., Aebi M., Commentary to Art. 12-14 of the Swiss Rules of International Arbitration, in: Zuberbühler/Müller/Habegger (eds.), Swiss Rules of International Arbitration: Commentary, 2nd edition, Zurich 2013
    • Tschäni R., Frey H., Streiterledigung in M&A-Transaktionen (Dispute Resolutions in M&A-transactions), in: Tschäni, R. (ed.), Mergers & Acquisitions XIII, Zurich 2010, 33-92
    • Frey H., Müller D., Preisanpassungsstreitigkeiten bei Unternehmenskäufen unter besonderer Berücksichtigung des Schiedsgutachterverfahrens, in: Oertle/Wolf/Breitenstein/Diem (eds.), M&A - Recht und Wirtschaft in der Praxis, Liber Amicorum for Rudolf Tschäni, Zurich 2010, 191-228
    • Aebi M., Frey H., Impact of Bankruptcy on International Arbitration Proceedings - A Special Case Does not Make a General Rule, in: ASA Bull. 1/2010, 113 (Case Note)
    • Patocchi ., Frey H., The Provisional Timetable in International Arbitration, in: Aksen/Böckstiegel/Mustill/Whitesell/Patocchi (eds.), Global Reflections on International Law, Commerce and Dispute Resolution - Liber Amicorum in honour of Robert Briner, Paris 2005, 575-599
    • Frey H., Commentary to Art. 13 and 14 of the Swiss Rules of International Arbitration, in: Zuberbühler/Müller/Habegger (eds.), Swiss Rules of International Arbitration: Commentary, Zurich 2005
  • Other Activities

    • Lecturer on Arbitration and M&A related disputes at the University of Zurich.

  • Contact Details

  • Assistant

  • Other Activities

    • Lecturer on Arbitration and M&A related disputes at the University of Zurich.

  • References

    Harold Frey is a brilliant and very pleasant lawyer to work with. He stands out with a pragmatic and efficient approach, and has particularly impressed me with his creativity.

    Legal 500, 2024

    What makes people stand out at the firm is their utmost professionalism, dedication to the case, selection of experts, and their reputation when working with them in an international environment. I would like to mention in particular Harold Frey who has lead the team with thoughtful tactics and great communication.

    Legal 500, 2024

    Harold Frey's ability to simplify complexity is unparalleled.

    Chambers, 2024

    Harold Frey is one of the best known litigators in the market and an expert on disputes over acquisitions.

    Chambers, 2023

    He is a really top-tier counsel.

    Chambers, 2023

    He is brilliant, creative, strategic, and experienced. A true stand-out – not afraid to proceed outside the box when circumstances warrant.

    Legal 500, 2022

    Sharp and extremely well prepared

    Who's Who Legal, 2022

    He is my go-to person

    Legal 500, 2022

    A leading light in the Swiss market

    Who's Who Legal, 2021

    Extremely intelligent and strategic

    Chambers, 2021

    Leading figure

    Who's Who Legal, 2021

    Harold Frey is hailed as "very brilliant" and a "star among stars" when it comes to international arbitrations.

    Who's Who Legal, 2020

    An excellent litigator, who excels when it comes to high-profile commercial, corporate and transactional disputes.

    Who's Who Legal, 2018

    He is one of my top choices.

    Who's Who Legal, 2018

Harold Frey is a brilliant and very pleasant lawyer to work with. He stands out with a pragmatic and efficient approach, and has particularly impressed me with his creativity.

Legal 500, 2024

What makes people stand out at the firm is their utmost professionalism, dedication to the case, selection of experts, and their reputation when working with them in an international environment. I would like to mention in particular Harold Frey who has lead the team with thoughtful tactics and great communication.

Legal 500, 2024

Harold Frey's ability to simplify complexity is unparalleled.

Chambers, 2024

Harold Frey is one of the best known litigators in the market and an expert on disputes over acquisitions.

Chambers, 2023

He is a really top-tier counsel.

Chambers, 2023

He is brilliant, creative, strategic, and experienced. A true stand-out – not afraid to proceed outside the box when circumstances warrant.

Legal 500, 2022

Sharp and extremely well prepared

Who's Who Legal, 2022

He is my go-to person

Legal 500, 2022

A leading light in the Swiss market

Who's Who Legal, 2021

Extremely intelligent and strategic

Chambers, 2021

Leading figure

Who's Who Legal, 2021

Harold Frey is hailed as "very brilliant" and a "star among stars" when it comes to international arbitrations.

Who's Who Legal, 2020

An excellent litigator, who excels when it comes to high-profile commercial, corporate and transactional disputes.

Who's Who Legal, 2018

He is one of my top choices.

Who's Who Legal, 2018

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Insights

Insights 21.12.2022

Arbitration law: the Swiss Arbitration Centre introduces Supplemental Swiss Rules for corporate law disputes

Arbitration law: the Swiss Arbitration Centre introduces Supplemental Swiss…

On the occasion of the enactment of the new Article 697n of the Swiss Code of Obligations ("CO") allowing for the incorporation of an arbitration clause in the articles of association of certain types of Swiss companies, the Swiss Arbitration Centre has issued Supplemental Swiss Rules for corporate law disputes (the "Supplemental Swiss Rules"), which concretise and adapt the Swiss Rules of Arbitration (the "Swiss Rules") for the administration and conduct of such arbitration proceedings.

Insights 03.12.2021

New precedent does not provide clear guidance on the boundaries of the Swiss blocking statute

New precedent does not provide clear guidance on the boundaries of the…

In its decision 6B_216/2020 of 1 November 2021, the Swiss Federal Supreme Court confirmed the conviction of an asset manager for illegal acts on behalf of a foreign state. This asset manager had personally transferred client data from Switzerland to the US and handed it over to the US authorities in the context of the tax dispute between Switzerland and the United States. However, this new precedent on Art. 271 of the Swiss Criminal Code does not provide clear guidance on the boundaries of this blocking statute as regards the crucial question as to whether Swiss data can be used in connection with proceedings abroad.

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