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Lenz & Staehelin | Switzerland | 24 Aug 2021

No interruption of statute of limitations during appeal stages

Civil Law provides for various statutes of limitations. As a rule, and unless otherwise provided, civil claims become time barred 10 years after their due date. However, there are some exceptions to this rule. There are several accepted circumstances within which the statute of limitations may be interrupted within civil claims, but the statute of limitations cannot stay interrupted forever....
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LALIVE | Global, Switzerland | 1 Apr 2019

Swiss innovations in construction arbitration

New Swiss arbitration rules that are intended specifically for construction disputes contain several notable changes that may foreshadow the evolution of international construction arbitration procedures. Some or all of these innovations, which are aimed at improving efficiency and facilitating settlements, may prove to find widespread adoption among parties negotiating international......
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Badertscher Attorneys at Law | Switzerland | 25 Mar 2019

Enforcing board members' information rights

The Federal Supreme Court recently considered – for the first time – whether board members' rights to information, inspection and insight can also be asserted on an appeal basis. The court also commented on the type of procedure applicable in such cases. This decision should be taken into account by board members who lack evidence or knowledge of important or necessary information,......
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Walder Wyss Ltd | Switzerland | 8 Mar 2019

Illegal streaming: internet access providers not liable for third-party platforms

The Federal Supreme Court recently ruled that internet access providers are not liable for third-party websites and portals that make movies available for illegal downloading or streaming. Further, internet access providers are not obliged to monitor or block access to such websites and portals.
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Arnecke Sibeth Dabelstein | Germany | 20 Feb 2019

Airport computer system failure may be extraordinary circumstance

The Federal Supreme Court recently ruled that the complete failure of an airport computer system may be considered an extraordinary circumstance. The court affirmed that airport system failures caused by technical defects which affect or suspend the functioning of technical equipment over a prolonged period are an external event affecting air carrier flight operations. Further, the......
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Lenz & Staehelin | Switzerland | 19 Feb 2019

Precautionary taking of evidence in support of current proceedings

Under the Civil Procedure Code, the Swiss courts usually take evidence only after the parties have fully pleaded all particulars. The taking of evidence is often preceded by multiple exchanges of written submissions; however, in certain cases, it may be unreasonable to wait until the proceedings have fully developed to take certain evidence. For such cases, Swiss law allows parties to request......
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ThomannFischer | Switzerland | 27 Jun 2018

Severe uncertainty regarding procedural value of survey reports

Survey reports are an essential part of any claims handling process and an important factor in court proceedings. The Code on Civil Procedure provides for numerous clauses of admissible means of evidence. However, party assertions are not listed among these means of evidence. A recent Federal Supreme Court decision suggests that survey reports, at least if prepared by one party alone, could......
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Lenz & Staehelin | Switzerland | 5 Jun 2018

Forum running through action for negative declaratory judgment now admissible in Switzerland

According to a new Federal Supreme Court decision, securing an advantageous place of jurisdiction in Switzerland (so-called 'forum running') in an international dispute is of sufficient interest for an action seeking a negative declaratory judgment. This new precedent enables parties domiciled in Switzerland to anticipate foreign proceedings initiated by a counterparty by filing an action for......
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Badertscher Attorneys at Law | Switzerland | 27 Feb 2018

Supreme Court: scope of full and final settlement clause in insurance matters

The Supreme Court recently dealt with the scope of a full and final settlement clause in an insurance matter. The decision confirms the rules for interpreting settlement agreements in insurance matters and emphasises the importance of carefully drafting the wording of such agreements if they are intended to be full and final settlement agreements of certain insurance claims.
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CMS Switzerland | Switzerland, USA | 26 Feb 2018

Distinction between administrative assistance in tax matters and legal assistance in criminal matters

The Federal Supreme Court recently rendered a landmark decision preventing the Swiss Federal Tax Administration from transmitting un-redacted bank files to the US Internal Revenue Service (IRS) which contained information on third parties which had allegedly helped a US taxpayer to defraud the IRS. What is of particular interest to white collar crime practitioners is the emphasis put on the......
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