Author

Valentina Hirsiger-Meier

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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…

In its decision of 18 February 2020, the Swiss Federal Supreme Court (SFSC) reiterated its position that Swiss procedural law requires a concrete substantiation of the facts underlying a party’s claim: a general reference to a detailed expert opinion was considered as insufficient substantiation (Case No. 4A_445/2019 (in German)). Below, we will provide a case summary and a short overview on the particularly rigid substantiation duty under the Swiss civil procedure rules. I. The Swiss substantiation…

In its decision dated 28 May 2019 (case No. 4A_543/2018 (in German), selected for publication in the official court reporter), the Swiss Federal Supreme Court (“SFSC”) addressed a number of issues concerning the United Nations Convention on Contracts for the International Sale of Goods (“CISG”) concerning inter alia: • the point of time when the international character of a sales agreement is determined • the express and implied exclusion of the CISG • the parallel…

On 13 March 2019, the Swiss Supreme Court (case No. 4A_444/2018, selected for official publication) held that a contract may contain several characteristic performances, each of which establishes territorial jurisdiction at the place of performance under the Swiss Code of Civil Procedure (CCP) or the Swiss International Private Law Act (PILA). Although this finding follows the prevailing view of the scholars, it partially conflicts with the principles enacted under the Lugano Convention. A Swiss court’s…