Alpiq v. Bouygues Construction

Homburger and Lenz & Staehelin successfully represented Alpiq in arbitration proceedings.

Alpiq and Bouygues Construction initiated arbitration proceedings against each other in 2019 to resolve their disputes regarding the post-closing purchase price adjustment and alleged breaches of representations and warranties, with a total amount in dispute of approximately CHF 320 m.

The matter was placed before a Swiss arbitral tribunal constituted under the Swiss Rules of International Arbitration comprising Prof. Sébastien Besson (Chairperson), Dr. Roberto Dallafior and Dr. Urs Weber-Stecher. It involved the analysis of complex accounting and valuation issues. On December 22, 2020, Alpiq announced that the parties had reached a settlement under which Alpiq agreed to refund CHF 54.5 m to Bouygues Construction.

Alpiq is a leading Swiss electricity producer and energy services provider that is active throughout Europe.

Bouygues Construction is a global player in construction, with operations in more than 60 countries. It designs, builds and operates projects in the sectors of building, infrastructure and industry.

The Homburger team was led by Mariella Orelli (Picture) and included Kirstin Dodge, Bénédict Thomann, Dilber Devitre, Okan Uzun, Pietro Meineri, Magdalena Stock, Hansjürg Appenzeller, Daniel Häusermann and Stefan Gäumann.

On the clients’ side the matter was dealt with by Peter Schib, Head Group Legal, and Martin Schindler, Head Corporate M&A and Infrastructure.

The Lenz & Staehelin team waas led by Rudolf Tschäni and Harold Frey.

Involved fees earner: Hansjürg Appenzeller – Homburger; Dilber Devitre – Homburger; Kirstin Dodge – Homburger; Stefan Gäumann – Homburger; Daniel Häusermann – Homburger; Pietro Meineri – Homburger; Mariella Orelli – Homburger; Magdalena Stock – Homburger; Bénédict Thomann – Homburger; Okan Uzun – Homburger; Harold Frey – Lenz & Staehelin; Rudolf Tschäni – Lenz & Staehelin;

Law Firms: Homburger; Lenz & Staehelin;

Clients: Alpiq;