1. The goal and the preparatory steps In February 2023, we had reported that the German Federal Ministry of Justice had published “Guidelines for the strengthening of the courts in commercial disputes and for the introduction of (English speaking) commercial courts”.[1] The guidelines were complemented by a parallel initiative to modernize German arbitration law.[2] The goal of both legislative projects was to strengthen Germany’s position as a judicial and business center and to enable German…
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 January 2023, the German Federal Ministry of Justice published “Guidelines for the strengthening of the courts in commercial disputes and for the introduction of (English speaking) commercial courts” (Guidelines). The Guidelines are the first step in implementing a legislative project of the labor/liberal/green coalition. In their coalition agreement, the three parties had agreed to “allow the introduction of English-speaking specialized chambers for international commercial and business disputes.” Currently, the possibilities to conduct civil/commercial proceedings…