Monika McQuillen

lic. iur., LL.M, Attorney-at-Law
Partner, Certified Specialist SBA Employment Law, Mediator SBA/SCCM

Monika McQuillen is specialized in resolving complex commercial disputes and employment matters. Her practice also includes strategic counselling in these areas, including dispute prevention. Monika is regularly instructed by national and international companies in the commodities trading, pharma, chemical, med-tech, industrial engineering, aviation and financial services sectors.

Monika has a notable track record of representing clients in Cantonal Courts and the Federal Tribunal, of acting as counsel in international arbitrations under the ICC, UNCITRAL and Swiss Rules, and of settling disputes as a mediator. Her wider experience is in the fields of contract, construction, individual and collective employment, corporate liability, distribution, joint ventures / partnerships as well as data protection law. Monika regularly works in a cross-border environment.

Clients praise her for her strategic and hands-on advice and assistance in managing difficult situations. Monika has been recognized for many years as a practitioner in legal directories such as Chambers and Partners Guide and The Legal 500.

Commercial

Acting as counsel for a joint venture partner in a USD 220 million ICC arbitration against the joint venture leader concerning the early termination of a construction contract for an infrastructure project in the Middle-East.
Defending a med-tech manufacturer against a former Egyptian distributor in an ICC arbitration concerning the termination of a long-term distribution relationship.
Representing an Indian IT service provider in an SCC arbitration against a Swiss bank regarding the extraordinary termination of an infrastructure project after several years of project delivery.
Representing a bank against over 200 bank customers following the lifting of the EUR/CHF FX floor and the subsequent crash of exchange rates.
Representing a founding equity partner against an international law firm in an UNCITRAL arbitration regarding the termination of the partnership agreement by the law firm.

Employment

Representing a commodity trading company in a high scale employment dispute concerning a USD 7.5 million bonus and equity participation claim by a former executive, and the employer's USD 21 million counterclaim for mismanagement.
Defending a quasi-international organization in an employment dispute against an employee's claim for an exit payment to balance out the dispense from social insurances in Switzerland for foreign nationals (precedent case).
Representing an employee (CFO, Director, shareholder) against the employer in a dispute concerning his unjustified dismissal following an internal investigation, and defence against the employer's set off indemnity claim against various payments due to the employee, including bonus and payment for the shares; securing the employee's position in relation to potential future liability from director's responsibility.
Assisting employers in relation to the negotiation of social plans, restructurings, collective dismissals, conflict management at the workplace, internal investigations. Assisting employees in relation to bonus, unfair dismissal, non-competition, overtime disputes, liability claims (contentious and non-contentious).