Kollektiver Rechtschutz in der Schweiz

Artificial intelligence is increasingly being used in international arbitration for legal research, document review, and drafting. However, its use becomes difficult to assess when an arbitrator turns to AI not merely to process information, but to obtain a view on a legal issue that the tribunal must decide. This article examines emerging guidance on whether arbitrators can ask AI for its opinion on legal questions and explores the boundaries between AI as a research tool and AI as a decision-maker.

Security for costs has become an increasingly important procedural issue in investment arbitration. A respondent State may spend millions defending a treaty claim and, even after prevailing and obtaining a costs award, remain exposed to non-recovery where the claimant is insolvent or has few assets against which the award can be enforced. Security for costs is designed to mitigate that risk before a final costs award is rendered.

The EU AI Act introduces a risk-based regulatory framework for artificial intelligence systems, with particular implications for arbitration proceedings. Sixteen leading arbitral institutions have jointly challenged the European Commission's draft guidelines, arguing that regulatory obligations risk being imposed on the wrong actors in the arbitral process.

The debate over replacing investor-State arbitration with a permanent standing investment court has moved from theory to practice, with UNCITRAL Working Group III now considering detailed draft statutes. While proponents argue that a permanent bench would reduce repeat-player incentives and improve consistency, critics warn that concentrating appointment power in States' hands, eliminating party participation in tribunal selection, and creating hierarchical appellate structures may introduce new problems of

Construction delay disputes become particularly complex when employer-risk and contractor-risk events overlap, creating what is known as concurrent delay.

International arbitration faces growing challenges when corruption, sanctions violations, fraud, or money laundering allegations emerge during proceedings. How should arbitrators and institutions respond...

The Swiss Federal Supreme Court has clarified critical procedural rules governing international litigation priority when initial court filings fail on technical grounds. This landmark decision addresses whether claimants can preserve their original filing date when transitioning from a dismissed clear-cases application to ordinary proceedings, and how this interacts with parallel proceedings in foreign courts under the Lugano Convention.

International arbitration delivers final, binding awards, but losing parties often attempt to re-litigate objections across multiple jurisdictions. This analysis examines how transnational issue estoppel prevents award debtors from repeatedly challenging the same issues before different courts, exploring recent decisions from Singapore, England, India, and France that shape the doctrine's application in cross-border enforcement proceedings.

In a landmark decision dated 5 June 2026 (4A_481/2025, intended for publication in the official bulletin), the Swiss Federal Supreme Court confirms that Art. 63 CPC, which sets the continuation of lis pendens, also applies within the context of the Convention on Jurisdiction and Enforcement of Judgments in Civil and Commercial Matters of 30 October 2007 (the "Lugano Convention").

The ICC's 2025 Dispute Resolution Statistics reveal a global arbitration system operating at near-record levels, with 894 new cases and 1,869 pending matters. The data exposes evolving patterns in regional dispute resolution, expedited procedures, and institutional oversight, while highlighting persistent challenges in efficiency, diversity, and award quality that are reshaping how parties approach international commercial arbitration.

Herr Zurkinden, 2019 haben Sie für das Parlament zwei Gutachten zum damaligen Rahmenabkommen mit der EU verfasst. Ihr Fazit fiel sehr negativ aus.

Switzerland is one of the ten countries with the highest proportion of direct investments abroad worldwide. Investments are only made after careful consideration...

The global pandemic has firmly thrust the Swiss litigation scene into the 21st century. In future, if things go according to the government's plans, Swiss resident witnesses will soon be able...

Der vorliegende Beitrag befasst sich mit der materiell- und prozessrechtlichen Rechtsstellung des Geschädigten, wenn dieser (z.B. aufgrund eines zahlungsunfähigen Schädigers) gegen den...

Swiss competition law is primarily governed by the Federal Law on Cartels and other Restraints of Competition (LCart).2 The LCart is primarily enforced by the Competition Commission...

Revising Switzerland's company law was discussed for many years until, in June 2020, the Swiss parliament finally approved a comprehensive revision of the law.

The threat posed by cyberattacks has increased significantly in the last few years. This is shown by a recently published survey by the industry association Swissmem, according to which 70 percent...

The "Internet of Things" (IoT) causes our private life to increasingly become part of the Internet.

Since 2001, Switzerland has regulated medical devices in the same way as the EU. The former EU Directives on classical medical devices (93/42/EEC), ...

From the Middle Ages until the middle of the 19th century, succession was governed by the so-called right of primogeniture.