More 9 posts of Urs Boller

Bundesgericht-aeussert-sich-erneut-zur-zur-Nachforschungspflicht-hinsichtlich-von-Ablehungsgruenden-bei-Schiedsrichtern

Swiss Federal Supreme Court Again Expresses Its Opinion on the Duty to Investigate Reasons for Challenge of Arbitrators (BGer 4A_100/2022)

In a recent decision, the Swiss Federal Supreme Court dealt with an application for revision against an arbitral award. The applicant had claimed that one of the arbitrators had represented the counterparty at the same time in proceedings in England. As in its recent decision in the Sun Yang case, the Federal Supreme Court confirmed that in arbitration proceedings the parties are subject to a dut…

International Arbitration: Switzerland’s Revised International Arbitration Law as of 1 January 2021

Switzerland is one of the world’s most attractive jurisdictions for international arbitration. The reason for this is not only Switzerland’s neutrality and its stable political situation, but also its Private International Law Act (PILA), of which the 12th chapter regulates international arbitration. In order to strengthen the position of Switzerland as an arbitration centre and further promote i…

Federal Supreme Court: No Legal Basis for Conducting the Main Hearing via Video Conference in Civil Proceedings Without the Parties’ Consent

In its decision 4A_180/2020 of 6 July 2020, the Federal Supreme Court dealt with the conduct of a main hearing in civil proceedings via video conference and ruled that under existing law, there is no legal basis to order a main hearing to be held via video conference without the parties’ consent.
This article is also available in German.

Bankruptcy_Corona_2020_Switzerland

Debt Enforcement and Bankruptcy Law in the Corona Crisis: Questions and Answers

In view of the extraordinary situation with regard to the corona pandemic, the Federal Council has ordered a temporary stay of debt enforcement. This stay of enforcement is valid from 19 March 2020 until 4 April 2020, and will be immediately followed by the statutory enforcement holidays, which last from 5 April until 19 April 2020. Below, we will answer some practical questions on debt enforceme…

Cross-Border Insolvency in Switzerland: Amendments to the Law as of 1 January 2019

Within the European Union, cross-border insolvency is governed by the Regulation on Insolvency Proceedings. Since Switzerland is not a member state of the EU, the EU Regulation does not directly apply to cross-border insolvency matters that are related to Switzerland, which significantly complicated the conducting of such proceedings. On 1 January 2019, however, amendments to the Federal Act on P…


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