Search for:
Category

Switzerland

Category
In Europe

Baker McKenzie International Arbitration Yearbook 2019-2020 – Switzerland

by , , and 14 Mins Read

SWITZERLAND Luca Beffa, Joachim Frick, Gentiana Imeri, Urs Zenhäusern A. LEGISLATION AND RULES A.1 Legislation A.1.1 Revision of the Swiss Arbitration Act Switzerland is currently revising its Swiss Arbitration Act (i.e. chapter 12 of the Swiss Federal Act on Private International Law (PILA)) that governs international arbitral proceedings seated in Switzerland. The draft bill, published by the Swiss Federal Council in October 2018, has been sent to the Swiss Parliament for debate and its entry…

Read More
In Arbitration Agreements

Swiss Federal Supreme Court upholds extension of arbitration agreement to non-signatories under the New York Convention

by and 4 Mins Read

In its decision dated 17 April 2019, the Swiss Federal Supreme Court (SFSC) confirmed for the first time that an arbitration clause may validly bind also a party which had not signed the main contract under the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention) (case No. 4A_646/2018 (in German), selected for publication). The reported dispute originates from a distribution relationship maintained over several years between the parties, a…

Read More
In Costs

Litigation Funding in Switzerland

by and 16 Mins Read

Litigation funding, sometimes called third-party funding or litigation finance, is becoming increasingly popular in Switzerland these days. One major force behind this trend is the procedural law in Switzerland. At the beginning of proceedings when the action is filed, the plaintiff may already have incurred substantial costs. Swiss civil courts may demand the plaintiff to make an advance payment up to the amount of the expected court costs. The amount of the advance payment will…

Read More
In Arbitration Agreements

England and Wales: The powers and limitations of the court in arbitration

by and 4 Mins Read

The court’s power to make appointments to an arbitral tribunal and the limitations it faces under the Arbitration Act 1996 were recently considered in the case of Guidant LLC v Swiss Re International SE and another [2016] EWHC 1201 (Comm). Background facts The claimant, Guidant LLC, entered into three almost identical insurance policies with Markel (Bermuda), Swiss Re International (UK branch), and Swiss Re International SE respectively. The insurance polices included an arbitration clause providing…

Read More
Load More