Facts
The [X.] Holding SA (Appellant) and the [Y.] Attorneys-at-Law (Respondent) were involved in a lawsuit regarding the payment of attorney's fees. The Respondent had provided the Appellant with legal advice and representation in a criminal proceeding and had invoiced a fee of CHF 78,582.40. The Appellant contested the claim and argued that the power of representation of the board members [E.] and [F.] , who had commissioned the work, was not given, as they had not acted in the interest of the company.
The Commercial Court of the Canton of Zurich had ruled in favor of the Respondent and ordered the Appellant to pay the fee. The Appellant appealed and argued that the acknowledgment of debt signed by the board members [E.] and [F.] was invalid, as they had not acted in the interest of the company.
Considerations
The Federal Court dismissed the appeal and confirmed the judgment of the Commercial Court. It stated that the power of representation of the board members [E.] and [F.] was given, as they were registered in the commercial register as jointly authorized signatories and thus could bind the Appellant.
The Federal Court further stated that the acknowledgment of debt was valid, as it had been signed by the board members [E.] and [F.] and the Appellant had not proven that the board members had not acted in the interest of the company. The Appellant had also not contested that the Respondent's legal work included legal advice,…