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Lukas Innerebner

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Lukas Innerebner is a trainee lawyer in the Arbitration and Litigation Group of Baker McKenzie in Zurich.
In Procedure

Swiss Federal Supreme Court confirms strict interpretation of duty to substantiate facts – An introduction to a Swiss specialty

by and 5 Mins Read

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 CSIG

Switzerland: New landmark decision on the applicability of the CISG and its interaction with Swiss law in case of fundamental errors

by and 4 Mins Read

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…

In Enforcement

Swiss Federal Court: A contract with several characteristic performances can be enforced at each place of characteristic performance

by and 5 Mins Read

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…