Alexander Troller

LALIVE

Geneva www.lalive.law

atroller@lalive.law Tel: +41 58 105 2000

Biography

Alexander joined LALIVE in 1997, after holding inhouse positions for several years in both the chemical and banking sectors in Switzerland, France and the US. He specialises in litigation, with a focus on financial matters, asset recovery, corporate and shareholder disputes, white- collar crime, estate and inheritance claims and employment conflicts, as well as judicial assistance in civil and criminal matters. He has expertise in a wide range of sectors including private clients, banking and finance, natural resources, construction and infrastructure.

What attracted you to a career in commercial litigation?

I deal mainly with financial, corporate and shareholder disputes, white-collar crime, estates and inheritance disputes as well as asset recovery and judicial assistance in civil and criminal matters. Not only are these areas of law inherently different, but each and every dispute will vary in terms of complexity, value and significance to the client. When I first started out in law, I was at the opposite end of the spectrum, handling primarily corporate and contract matters as in-house counsel. The shift to litigation was gradual, and I am very grateful for the transactional experience gained in my earlier years, which I feel gives me an edge when now supporting my clients through more challenging times. It is the variety that attracted me and one that hasn’t disappointed.

How have the litigation needs of clients changed the most in the past five years?

Absolutely, let’s not forget that litigation is costly, regardless of the jurisdiction. However, some jurisdictions are more expensive than others, but that needs to be balanced with time, some jurisdictions provide a swifter outcome for litigants. In addition, the exponential availability of litigation financing is currently more advanced in common law jurisdictions; this is a major game-changer that addresses a key need of many parties.

What qualities make for a successful litigator?

Successful commercial litigation lawyers need to think strategically, taking into account commercial considerations as well as the clients’ objectives. A successful litigator therefore needs to be strategic, knowing the law and your client isn’t enough. Other key attributes include promptness, accuracy and resilience as well as keeping an open mind to dispute avoidance (or settlement) whenever in the client’s best interest.

What technologies are having the greatest impact on litigation proceedings?

There is no doubt that technology is providing alternative solutions to the way litigators work, for example, through translation services or the use of AI in reviewing large volumes of data more swiftly. In addition, technologies such as crypto are providing litigators with an everincreasing workload in relation to fraud! It is an exciting time to be a litigator and I expect technology will evolve to provide not only greater assistance to lawyers but further business opportunities.

Do you anticipate upcoming economic tensions will see an increase in arbitration and mediation over litigation? Why?

In periods of turbulence, the number of disputes tends to rise. As to whether there will be an increase in arbitration and mediation over litigation this is a difficult question to answer. It is probably fair to say most businesses would prefer to keep disputes out of the public domain and be resolved amicably without recourse to courts, which may mean an increase in arbitration.

Businesses may also look to use mediation as a way of resolving disputes, however, if this fails then they may well revert to the courts for resolution. One could argue with an increase in the availability of litigation funding in many jurisdictions that this could also open-up matters that in the past may not have found their way to court.

What impact has the increasing digitalisation of the financial world had on fraud and asset recovery?

Facilitating document review and forensic investigations as noted above has become easier (and cheaper) with the development of AI. That said, human intelligence and experience will fortunately remain a crucial element for successful litigation and in particular with asset recovery strategy.

What advice would you give to someone starting out in commercial litigation?

Always remain aware of your clients’ global needs, litigation is only a parenthesis in the business cycle. Also, try travelling the world and learn about alternative ways to solve disputes across jurisdictions and cultures.

WWL says: Alexander Troller is a first-rate lawyer, noted by peers as “highly competent in the area of international litigation”.