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In Jurisdiction

Switzerland steps up: International commercial courts will strengthen Switzerland as hub for the resolution of international commercial disputes

by , , and 7 Mins Read

Switzerland has long enjoyed its strong reputation as a neutral and reliable forum/seat for the resolution of international disputes, particularly in the field of arbitration. However, unlike other jurisdictions, such as Germany, France, the UK or the Netherlands, Switzerland has not yet established specialized international commercial courts that deal with cross-border business disputes in ordinary court proceedings. This has changed with the revision of the Swiss Civil Procedure Code (CPC), which entered into force on…

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 Europe

Service abroad: Higher Regional Court of Frankfurt dismisses claim as statute-barred because plaintiff did not provide translation of statement of claim

by and 5 Mins Read

In a recent judgment of May 8, 2019 (Case No. 13 U 210/17, BeckRS 2019, 12531) based on Regulation (EC) No. 1393/2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (the “Regulation”), the Higher Regional Court of Frankfurt (the “Court”) held that if a plaintiff opts for a translation of the statement of claim (although such translation is not required under the Regulation), plaintiff is responsible…