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On 1 January 2023, the revised Swiss Code of Obligations (“CO”) will enter into force. The revised act includes a new article 697n, which expressly allows Swiss corporations (and by reference also limited partnerships and limited liability companies) to include a statutory arbitration clause in their articles of association. Unless otherwise stipulated, the statutory arbitration clause applies to all corporate law disputes and is binding on the company itself, the company’s governing bodies and its…

A. LEGISLATION AND RULES A.1 Legislation International arbitration in Switzerland continues to be governed by Chapter 12 of the Swiss Private International Law Act (PILA). On 1 January 2021, a partial revision was enacted to eliminate some ambiguities and to modernize the law, reflecting also the case law of the Swiss Supreme Court of recent years. [1] A.2 Institutions, rules and infrastructure Per June 1, 2021, the Swiss Chambers’ Arbitration Institution (SCAI) became the Swiss…

With the emergence of the COVID-19 virus in early 2020, Switzerland along with many other countries introduced extensive measures to prevent the spread of the virus. Social distancing and protection measures provide new challenges in business relations – but also in legal proceedings. COVID-19 measures have had (and are still having) an unprecedented impact on the justice system. The article at hand offers a brief overview on the impact of the COVID-19 pandemic and the…

Switzerland has revised its international arbitration law during summer 2020. The revised provisions of the 12th Chapter of the Private International Law Act (“PILA”) entered into force on January 1, 2021. The article at hand offers a handy overview on the revised Art. 178 PILA[1] governing the form requirements from a thoroughly practical approach, focusing on its key changes and developments in international arbitration. Written form requirements for an arbitration clause: Key changes and developments…