Silja Schaffstein specializes in international commercial and investment arbitration. She has acted as arbitrator, counsel, expert, or secretary to the arbitral tribunal in numerous international arbitration proceedings under various rules, including the ICC, ICSID, UNCITRAL, Swiss Rules, LCIA, DIS and WIPO rules. She also appears before Swiss state courts in arbitration-related disputes.
Silja has significant experience in matters relating to the coordination of multiple proceedings before courts and international arbitral tribunals over identical or related claims or issues between identical or related parties, in particular questions of res judicata and lis pendens. She holds a Ph.D. from Queen Mary, University of London and the University of Geneva for her doctoral dissertation on the doctrine of res judicata before international commercial arbitral tribunals (Oxford University Press, 2016).
Her experience includes disputes relating to oil and gas, natural resources, construction, joint ventures, share and share purchase agreements, shareholders’ agreements, and international sales, among others.
Prior to joining Lévy Kaufmann-Kohler, Silja worked with Julian D M Lew QC at 20 Essex Street Chambers in London, United Kingdom, assisting him in all aspects of his work as international arbitrator and academic in international arbitration. Silja also held various academic positions in the fields of private international law and international arbitration at the law faculty of the University of Geneva, the School of International Arbitration at Queen Mary, University of London, and the World Intellectual Property Organization (WIPO) (see Speaking Engagements).
A German national, Silja is qualified to practice law in Switzerland and is admitted to the New York bar.
The Law Governing Res Judicata
in: F. Ferrari/S. Kröll (Eds), Conflict of Laws in International Arbitration, 2nd ed. 2019, pp. 287-317
Swiss Supreme Court Decision 4A_386/2015 (ATF 142 III 521) – Commentary
Revista Brasileira de Arbitragem 2017, Issue 56, pp. 163-178Download (pdf)
The Doctrine of Res Judicata Before International Commercial Arbitral Tribunals
Oxford 2016, 368 pages