Silja Schaffstein specialises in commercial and investment arbitration. She frequently acts as arbitrator, counsel or co-counsel, or secretary of the tribunal in international and domestic ad hoc and institutional arbitration proceedings.
She is currently ranked as a Global Elite Thought Leader and among the Most Highly Regarded EMEA Non-Partners in arbitration, having been included in the Future Leaders directory by Who’s Who Legal/Lexology Index for several consecutive years, and has been listed as a Rising Star in the Legal 500 EMEA Dispute Resolution – Arbitration – Switzerland since 2021.
Silja’s experience includes all major arbitration rules, including ICC, LCIA, Swiss Rules, DIS, ICSID, UNCITRAL and WIPO, and a variety of national arbitration acts and substantive laws, of both the common law and civil law traditions. Silja also advises and represents parties before the Swiss courts in complex cross-border litigations and arbitration-related proceedings, including actions to set aside Swiss arbitral awards and to recognize or enforce foreign awards. She routinely provides specialist Swiss law advice and analysis to clients, in particular on arbitration issues and questions related to res judicata.
Her areas of specialization include international agreements such as joint ventures, shareholder and share purchase agreements, as well as distribution, sales, works and services, and licensing contracts. Her experience spans different industries, including banking and finance, life sciences, pharmaceuticals, insurance, telecommunications, automotive, energy and natural resources.
Silja currently is a member of the Swiss Arbitration Centre Marketing Committee.
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. She also held various research and teaching 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).
Silja speaks regularly and has published extensively on international arbitration, including her book titled The Doctrine of Res Judicata Before International Commercial Arbitral Tribunals (Oxford University Press, 2016).
A German national, Silja has dual common law and civil law training, being admitted to the Geneva and New York Bars. She holds a Ph.D. from Queen Mary, University of London and the University of Geneva, an LL.M. from Columbia University, as well a law degree and a post-graduate degree in advanced legal studies from the University of Geneva. Silja is fluent in German, English and French.
Selected publications
Switzerland
J. Kim/M. Scherer (Eds), Delos Guide to Arbitration Places (GAP), 2nd. ed., revised 2024
Download (pdf)Res Judicata in International Arbitration
in: M. Arroyo (Ed.), Arbitration in Switzerland - The Practitioner's Guide, Alphen aan den Rijn 2018, pp. 2645-2663
The Doctrine of Res Judicata Before International Commercial Arbitral Tribunals
Oxford 2016, 368 pages