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…