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Cross-Border Pre-Trial Discovery in Switzerland

October 2007 - Litigation & Dispute Resolution. Legal Developments by Walder Wyss Ltd.

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In recent years, Swiss corporations increasingly have been confronted with pre-trial discovery in connection with litigation in courts in the United States and other common law countries: Parties in U.S. litigation may ask a person who is not a party to the dispute to provide evidence concerning one of its clients. A recent decision of the Swiss Federal Supreme Court highlights the possibilities and limits for cross-border pre-trial discovery procedures in Switzerland.

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