The Swiss Civil Procedure Code enters into force in January 2011. For the first time in Swiss legal history, the new Code brings about a unification of civil procedure throughout Switzerland by replacing the 26 different civil procedure laws of the Cantons. The new Code will henceforth apply to all civil proceedings for domestic and international disputes, as well as to domestic arbitration. This book - mainly intended for the use by foreign lawyers - includes an overview of the main features of the new law, allowing the reader to get conveniently acquainted with the Swiss civil procedure law in general. The book's main part consists of a word-by-word English translation of the official text of the Code, including a detailed Table of Contents for quick and easy reference to the Code's system and its 408 articles. The authors have prepared the translation on the basis of the official French and German versions of the Code, thereby staying as close as possible to the original texts. The English translation reflects the status of the law as it will enter into force in 2011 and the amendments resulting from the Federal Act on the Ratification and Implementation of the Lugano Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters.

The Swiss legal regime differs considerably from the regimes of its neighbouring countries. Swiss law on the carriage of goods is based on the provisions of the Code of Obligations from the early 20th century. Some other laws, various ordinances and international conventions that govern different modes of transportation also apply. All this makes this field of law complex – not only for non-Swiss professionals. This book gives a comprehensive overview of the contract of carriage and the carriers' and freight forwarders' liability, the insurance of goods and of liability, the jurisdiction of Swiss courts and the possibilities of recourse actions. The Carriage of Goods in Swiss Law provides valuable knowledge to properly handle transport business, claims and insurance. It offers reflections on the shortcomings and the development of Swiss laws and regulations. Written for practitioners and lawyers in the country and abroad, the book can serve to all those whose claims may be decided before a Swiss court. Vesna Polić Foglar is an of-counsel in Zurich with over 20 years of experience. She specialises in Swiss transport law, the international carriage of goods, transport insurance and in dealing with transport claims.

- Enforcement of judgments and arbitral awards in Switzerland - Enforcement proceedings step by step - Full translation of the Swiss Debt Enforcement and Bankruptcy Act The enforcement of judgments and arbitral awards is an important part of the practice of many dispute resolution teams all around the world. It often involves cross-border issues, since enforcement can (also) take place in jurisdictions other than the jurisdiction where the judgment or award originated. This book is designed as a practical guide to enforcement issues in Switzerland for foreign practitioners. It explains the various enforcement proceedings on a step by step basis and contains a full translation of the Swiss Debt Enforcement and Bankruptcy Act. The book includes topics such as the enforcement of monetary judgments with and without attachment, the enforcement of non-monetary judgments, and the enforcement of interim measures. All authors belong to the VISCHER Dispute Resolution team whose core competences include the enforcement of foreign judgments and arbitral awards, including attachment proceedings.

International authors describe class action procedure in this concise, comparative, and empirical perspective on aggregate litigation.

This is the first comprehensive English-language overview of competition law enforcement in Switzerland since the introduction of direct sanctions in 2004. It discusses the key issues facing practitioners: horizontal and vertical agreements (with a particular emphasis on distribution agreements), abuse of dominance, and the newly introduced provisions on relative market power and merger control. It also provides an overview of the key procedural provisions, leniency and amicable settlements, and fines. The book subsequently analyses the main differences between Swiss and EU competition law and explains why, to what extent, and how companies should conduct a separate analysis under Swiss law. It offers a comprehensive overview and accessible analysis, based on in-depth research of case law, for practitioners and in-house counsels who need to ensure compliance with competition law on a Swiss, European or international basis. It is also a valuable guide for all practitioners, academics and students interested in understanding Swiss competition law. Enforcement of competition law in Switzerland has intensified and is becoming increasingly important for global companies selling in Switzerland. Moreover, the fines have increased over the last twenty years, and many foreign companies have had to pay substantial fines in recent years. Lastly, the Swiss Federal Supreme Court has now extended the extraterritorial application of Swiss competition law to foreign companies where sales to Switzerland are possible.

The Research Handbook on Intellectual Property Rights and Arbitration explores the complementary relationship between state court adjudication and arbitral proceedings in the context of intellectual property rights. Presenting contemporary research and insight into the scholarly debates on the topic, it provides a comprehensive overview of arbitrating intellectual property disputes on an international scale.

European Rules of Civil Procedure sets out a clear examination of the rules adopted by UNDROIT and the European Law Institute in 2020. Presented within a systematic structure to aid enhanced academic understanding, it precisely showcases the substantial comparative knowledge of its authors.

A desk reference for lawyers and their clients faced with the prospect of litigation in foreign jurisdictions, this book is a guide to the civil procedure rules and practices in thirty-two major countries and in the European Community. Local rules relating to arbitration and, where available, mediation are also covered.

On the occasion of the 10th anniversary of the Swiss Rules of International Arbitration, the ASA decided to devote its annual conference in January 2014 to this topic. This volume of the ASA Special Series contains the written versions of all the presentations given during this conference. Most of the contributions were based on the verbatim protocol which was prepared on the conference day and thus retain their informal speaking style. In their 10 years of existence, the Swiss Rules have established themselves as modern arbitration rules, offering a user efficient and transparent arbitral proceedings. Probably the most distinguishing feature of the Swiss Rules with regard to the administration of the cases is their "light touch" as applied by the Swiss Chambers' Arbitration Institution, reserving however a supervisory function for its Court. This volume is structured along the panels of the conference. The first panel addressed the history and the background of the Rules as well as their main characteristics. The second and the third panels explore the key features of the revised Swiss Rules, namely the consolidation and joinder provisions, the set-off and counter-claim provisions, the expedited procedure, provisional measures and the emergency arbitrator as well as provisions on confidentiality and settlement facilitation. While the fourth panel provided the insiders’ view into how the Institution administers its cases, the fifth and last panel discussed the perspectives of the users, the arbitrators and counsel as well as their experiences with the Swiss Rules.