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In Investment Screening

Switzerland: Draft Investment Screening Act

by , and 12 Mins Read

In brief On 15 December 2023, the Federal Council adopted a draft Investment Screening Act (the “D-ISA”). To date, Switzerland has no overarching regulation for the review of foreign investments as prevalent in other countries. The D-ISA intends to introduce sector-specific investment control in Switzerland to prevent takeovers of Swiss companies operating in critical sectors by foreign state-controlled investors (public or private investors that are directly or indirectly controlled by a state) if these takeovers…

In Climate Litigation

Verein KlimaSeniorinnen Schweiz and Others v. Switzerland: European Court of Human Rights identifies shortfalls in Swiss climate mitigation measures and access to justice

by , and 9 Mins Read

The European Court of Human Rights (“ECtHR”) has ruled on a case brought against Switzerland by the Swiss association KlimaSeniorinnen on behalf of its members and four individual women of the association. The more than 2.000 members of the association are elderly women (the majority over the age of 70) concerned about the consequences of global warming on their living conditions and health. The ECtHR found that Switzerland has violated Art. 8 of the European Convention…

In Use of electronic means of communication in civil proceedings

Use of electronic means of communication in cross-border civil proceedings

by and 7 Mins Read

Revision of the Swiss Declaration to the Hague Evidence Convention and the Federal Act on Private International Law: Facilitation of the use of electronic means of communication in cross-border civil proceedings Persons residing in Switzerland who are involved in foreign civil proceedings may soon be able to be examined or heard by telephone or video conference directly by foreign authorities or a person tasked to do so without prior authorization from the Federal Office of…

In Public Policy

The Swiss Federal Supreme Court affirms restrictive interpretation of the Swiss public policy exception by upholding civil claims arising from corruption issues pursuant to Hong Kong Law

by and 5 Mins Read

In its decision of 8 December 2023, the Swiss Federal Supreme Court (“SFSC”) deliberated on the reservation of Swiss public policy (case no. 4A_11/2023 [in French]). Factual background In the case at stake, a Swiss watch manufacturer (the respondent before the Commercial Court of the Cantonal Supreme Court of Berne and defendant before the SFSC) purchased packaging material for watches and jewellery from a supplier domiciled in Hong Kong. The supplier (the claimant before the Commercial Court and…

In Enforcement Certificate

Swiss Federal Supreme Court confirms the presumption of an enforceable performance obligation underlying an enforcement certificate under the Lugano Convention

by and 5 Mins Read

In a decision published on 16 January 2024, the Swiss Federal Supreme Court (“SFSC”) ruled on the enforceability of a foreign judgment in Switzerland  (case no. 4A_547/2022 [in German]). Factual background The judgment in question was issued by the Cour de Cassation of France, i.e., a court of a Lugano Convention (“LC”) member state. With its cassation judgment, the Cour de Cassation set aside the judgment of the lower instance insofar as it had ordered the…

In Use of electronic means of communication in civil proceedings

Revision of the Swiss Civil Procedure Code: Use of Electronic Means of Communication in Hearings

by and 4 Mins Read

On 1 January 2025, a revision of the Swiss Civil Procedure Code (CPC) introducing key amendments intended to facilitate the practical application of the CPC and improve access to courts in Switzerland will enter into force (see our blog post with a summary of the key amendments). This revision will also introduce provisions allowing the use of electronic means in civil proceedings in Switzerland, which was not explicitly mentioned in the CPC before (cf. art.…

In Commercial Courts

Revision of the Swiss Civil Procedure Code: Key Amendments

by and 6 Mins Read

On 17 March 2023, the Swiss Parliament approved a revision of the Swiss Civil Procedure Code (CPC) introducing key amendments intended to facilitate the practical application of the CPC and improve access to courts in Switzerland. This includes, among others, the introduction of legal privilege of in-house legal counsel in civil proceedings. Moreover, the revised CPC lays the foundation for cantons to create international commercial courts, where parties can choose English as the language of…

In Choice of Forum

New Swiss case law on choice of forum clauses in General Terms and Conditions

by , and 7 Mins Read

In a recent decision in case no. 4A_507/2021 (in Italian), the Swiss Federal Supreme Court (SFSC) set out the requirements for a valid conclusion of a choice of forum agreement in the context of General Terms and Conditions (GTCs). In the following, we will (1) briefly set out the general legal framework for GTCs in Switzerland, (2) present the recent decision of the SFSC, and (3) highlight the lessons from this decision. 1. General legal…

In Collective Redress

Switzerland: New proposal to broaden instruments of collective redress

by and 8 Mins Read

1. Introduction Swiss civil procedural law today only provides for very limited possibilities of collective redress, which the Swiss Federal Council has recognized in a report back in 2013 as insufficient. However, the issue of how exactly collective redress shall be strengthened is highly controversial. A first proposal by the Federal Council was rejected by Parliament in 2014. Relevant amendments were also initially included in the draft of the revised Civil Procedure Code (CPC) in…

In Virtual Hearings

Impact of the COVID-19 pandemic on (physical) litigation and international arbitration proceedings in Switzerland

by and 6 Mins Read

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…

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