There is no cap on agents’ fees under Swiss law, meaning an adjudicating body asked to reduce a commission on the grounds of it being “excessive” should show deference to the parties’ agreement. Where an agent has properly fulfilled its contractual obligations, the terms and conditions agreed by the parties must be respected.

An agent must prove “substantial involvement” in a transaction in order to obtain his remuneration. This can be by contractual language and/or through the actions of the agent in fact. A commission of 10% was not unreasonable or contrary to common practice or to Swiss law.