Marc S. Palay

MARC S. PALAY is an accomplished trial and arbitration lawyer with over 40 years of experience providing strategic advice and skilled representation of clients in international commercial arbitrations and complex transnational litigation. Marc is a hands-on advocate and accomplished trial lawyer who regularly takes complex, high-stakes disputes through to hearing and award.

Marc’s practical, hands-on approach garners praise from clients and peers, as is reflected in the research conducted by the leading industry publications such as:

• Legal 500 EMEA 2025 – Ranked for Dispute resolution: arbitration – Switzerland, clients state that “Marc Palay is an excellent litigator and exactly the trusted ally you need to resolve complex arbitration disputes.”
• Chambers Europe and Chambers Global 2024 — Ranked for Arbitration (International) — Europe-wide, with sources saying “Marc is very experienced in international arbitrations. He delivers effective cross examinations and strategy.”
• Chambers Europe and Chambers Global 2023 — Ranked for Arbitration (International) — Europe-wide, with sources saying “Marc Palay has a strong practice in Europe and beyond.”
• Chambers Global 2022 — Ranked for Arbitration (International) — Europe-wide, where interviewees commented that “he puts himself in the shoes of an in-house lawyer and is ready to go the extra mile.”
• Best Lawyers in Switzerland 2022 — Ranked for Arbitration and Mediation, International Arbitration and Litigation.
• Chambers Global 2021 — Ranked for Arbitration (International) — Europe-wide, clients praised “His major skill has to do with the ability to see through the facts and see all the potential consequences and risks. He also has a good ability to evaluate chances.”
• Chambers Europe 2021 — Ranked for Arbitration (International) — Europe-wide, sources said that he “is very well prepared and leaves no stone unturned; he is thorough and works very hard,” and has a “deep knowledge of technical and commercial aspects of our sector,” further highlighting: “We get really tailor-made advice.”

Marc’s experience extends across a broad swath of business disputes, including complex contract, fraud, energy, products liability, securities, construction, insurance and competition disputes, as well as intellectual property matters arising out of licensing and technology transfer agreements. He is a trusted advisor to many of the world's leading enterprises on a wide variety of international commercial matters and has extensive experience in the drafting and negotiation of international commercial agreements. 

Marc’s industry experience is equally vast, ranging from pharmaceuticals and healthcare, to fertilizers, metals and minerals, to large infrastructure projects and semiconductor technology. Marc understands the need for litigation counsel to align itself with business objectives, as well as in-house counsel’s need to manage disputes, large and small.

Marc is a true international lawyer. Qualified in the United States where he had a successful trial practice, he has been based in Geneva for the past 24 years. He does all his own advocacy and has represented a diverse set of clients in high-stakes disputes, including leading U.S., European, Middle Eastern and Asian firms. His thorough understanding of international arbitration and diverse legal systems means that Marc is a valued adviser and “interpreter” for clients facing complex cross-border dispute resolution issues.

Marc has successfully represented clients in over 50 disputes before a wide variety of international arbitral and judicial forums, including the International Chamber of Commerce, the Swiss Chambers of Commerce, the Stockholm Chamber of Commerce, the International Centre for Dispute Resolution, the Iran-U.S. Claims Tribunal and other arbitral institutions. He has also supervised litigation in more than a dozen foreign jurisdictions, and continues to represent multinational companies before various state and federal courts throughout the United States. Marc has been counsel of record in a number of leading U.S. cases involving the recognition and enforcement of international arbitral agreements and awards.

Significant recent engagements where Marc acted as lead counsel include:

• Successfully representing one of the world’s largest energy companies in obtaining and securing payment of a €625 million award in an ICC arbitration in Geneva with claims and counterclaims related to the cancellation of a nuclear power plant project. For this victory, Sidley received the 2017 American Lawyer Global Award for “Global Dispute of the Year: Commercial Arbitration (Europe).”
• Obtained a US$275 million award and successfully defended against over US$800 million in counterclaims for an aluminum company in a complex and high-value arbitration filed in Zürich under the Swiss Rules against an important State-owned entity in Central Asia in a case involving complex issues of Swiss, English, and BVI law.
• Successfully defending a leading European semiconductor manufacturer in an ICC arbitration against a US$51 million claim arising out of a post-M&A dispute.
• Representing a leading European semiconductor manufacturer in connection with IP claims arising out of a joint development technology project.
• Representing a leading U.S. pharmaceutical company in connection with claims and counterclaims relating to indemnities and earn-outs arising out of an M&A transaction.
• Obtaining a US$71 million ICC award for an affiliate of a leading metals company. The award represented a third straight victory in a long-running battle relating to a series of important supply contracts.
• Obtaining a large award for an African minerals trading company in an ICC arbitration in Geneva against a multinational company involving termination of an off-take agreement against the backdrop of the UN sanctions regime. The award was upheld in setting-aside proceedings before the Swiss Federal Supreme Court.
• Successfully representing a U.S. pharmaceutical in an ICC arbitration with seat in London concerning a License and Distribution Agreement with respect to cardiovascular testing services and related services in Europe and Russia under U.S. law.
• Successfully representing an Asian semiconductor company in cross-border insolvency proceedings in Europe and the U.S. involving the Qimonda insolvency and rights to thousands of licensed patents.
• Representing a client in the successful recovery of millions of dollars in funds embezzled by a disloyal employee through proceedings in local courts throughout the world.
• Representing a Middle Eastern distributor in an ICC arbitration in Geneva against a multinational beverage manufacturer for claims related to the termination of a long-term distribution agreement in Saudi Arabia.
• Leading an internal investigation into allegations of corruption related to commodity sales in the Middle East.

• American Bar Association
• London Court of International Arbitration
• Swiss Arbitration Association