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  • Article

    New Developments In Swiss Competition Law – New Motor Vehicle Ordinance For 2024

    In its session on 29 November 2023, the Swiss Federal Council approved the new Ordinance on Antitrust Treatment of Vertical Agreements in the Motor Vehicle Sector...
    SwitzerlandAntitrust/Competition Law
    Pestalozzi
    Pestalozzi
  • Article

    BGer 8C_176/2022 Of 21.09.2022: Termination Agreement With Employee

    A Reflection Period of Two Days May Be Sufficient; the Employee May Possibly even Waive this Reflection Period...
    SwitzerlandEmployment and HR
    Pestalozzi
    Pestalozzi
  • Article

    No Salary Payment During A Lockdown Ordered By The Authorities Because Of The Coronavirus

    Three private school teachers terminated their employment relationships in January 2020 with effect on 31 August 2020.
    SwitzerlandEmployment and HR
    Pestalozzi
    Pestalozzi
  • Article

    Thoughts On The Contractual Impact Of Tariffs Under Swiss Law

    Contracts should be checked to determine whether they include clauses addressing the impact of (threatened) significant trade tariffs on the contractual relationship.
    SwitzerlandInternational Law
    Pestalozzi
    Pestalozzi
  • Article

    The Revised Swiss Code On Civil Procedure Will Enter Into Force On 1 January 2025

    The Federal Council decided on 6 September 2023 that the first major revision of the Swiss Code on Civil Procedure, as the Swiss parliament adopted it on 17 March 2023, will enter into force on 1 January 2025.
    SwitzerlandLitigation, Mediation & Arbitration
    Pestalozzi
    Pestalozzi
  • Article

    Switzerland Simplifies The Hearing Of Swiss Residents By Foreign Courts

    Starting 1 January 2026, Switzerland will implement a major reform that generalizes the use of videoconferencing tools in cross-border civil and commercial proceedings.
    SwitzerlandLitigation, Mediation & Arbitration
    Pestalozzi
    Pestalozzi
  • Article

    The New Federal Act On The Protection Of Minors In The Film And Video Game Sectors – A Progressive Implementation

    As parents know, electronic games and other digital media have great appeal for children. Parents should carefully consider the game content that their children consume and accompany them in their media consumption.
    SwitzerlandMedia, Telecoms, IT, Entertainment
    Pestalozzi
    Pestalozzi
  • Article

    Asset Recovery Measures Under Swiss Criminal Law – An Overview Following Recent Developments

    The Swiss Supreme Court has issued a landmark decision clarifying the mechanisms of asset recovery under criminal law. This overview examines three primary recovery measures—restitution...
    SwitzerlandCriminal Law
    Pestalozzi
    Pestalozzi
  • Article

    BGer 4A_189/2023 Of 4 October 2023: Termination Of Employment Following A Warning Without A New Breach

    An employee of B Ltd. had serious issues with excessive alcohol consumption since the end of 2017 or the beginning of 2018.
    SwitzerlandEmployment and HR
    Pestalozzi
    Pestalozzi
  • Article

    FINMA Risk Monitor 2023 – Identification Of Nine Significant Risks Relevant For Financial Service Providers

    Both liquidity and funding risks as well as outsourcing of significant functions have been newly added to the FINMA list of principal risks...
    SwitzerlandFinance and Banking
    Pestalozzi
    Pestalozzi
  • Article

    Expansion Of The Sanctions List Regarding Russia

    The EU's 14th sanctions package was adopted on 24 June 2024. Several sanctions have been introduced as part of this sanctions package, including those in the energy, financial, and goods.
    European UnionInternational Law
    Pestalozzi
    Pestalozzi
  • Article

    Swiss Legislator Facilitates Cross-Border Civil Proceedings

    The examination or hearing of an individual in Switzerland via telephone or video conference in foreign civil proceedings is no longer subject to prior approval by the Swiss authorities.
    SwitzerlandLitigation, Mediation & Arbitration
    Pestalozzi
    Pestalozzi
  • Article

    Proceedings In English Before Swiss State Courts Soon A Reality In Bern And Zurich

    From May 2026 (Bern) and 2027 (Zurich) onwards, parties can bring their international commercial disputes before international commercial state courts in Bern and Zurich and have proceedings conducted in English.
    SwitzerlandLitigation, Mediation & Arbitration
    Pestalozzi
    Pestalozzi
  • Article

    Latest Developments On The Berne Financial Services Agreement Between Switzerland And The United Kingdom

    The Berne Financial Services Agreement between Switzerland and the United Kingdom (the "Berne Financial Services Agreement" or "BFSA") was signed between the two countries in December 2023...
    European UnionFinance and Banking
    Pestalozzi
    Pestalozzi
  • Article

    Securitisation

    The securitization market in Switzerland is currently characterized by a stable yet cautious environment, driven by both domestic and global economic and political factors.
    SwitzerlandFinance and Banking
    Pestalozzi
    Pestalozzi
  • Article

    A Rare And Remarkable Decision By The Swiss Federal Supreme Court On General Terms And Conditions

    Z Ltd ("IT-Provider") entered into three contracts with A Ltd ("Customer") on 12 December 2016: a software license agreement, an IT services agreement, and a maintenance agreement.
    SwitzerlandLitigation, Mediation & Arbitration
    Pestalozzi
    Pestalozzi
  • Article

    Personal And Criminal Liability For Company Taxes In Switzerland

    What do board members, executives, and in-house counsels risk if the company does not meet its tax reporting or payment obligations?
    SwitzerlandTax
    Pestalozzi
    Pestalozzi
  • Article

    Smart Contracts Work – But Do They Hold Up In Court?

    Smart contracts are sometimes expected to seriously challenge the rule of the established legal order, offering a simple, completely unambiguous and trustworthy tool for agreeing and executing party agreements without having to rely on lawyers and courts.
    SwitzerlandTechnology
    Pestalozzi
    Pestalozzi
  • Article

    Switzerland Has Adopted The European Union's 13th Sanctions Package – Implications And Action Points For Companies

    In response to Russia's ongoing aggression against Ukraine, Switzerland has adopted the EU's 13th sanctions package.
    European UnionInternational Law
    Pestalozzi
    Pestalozzi
  • Article

    Swiss Federal Supreme Court Decision 5A_440/2024 Of 31 March 2025: Lenders May End Up Empty-handed In Case Of Bankruptcy – A Thorough Assessment Before Granting Emergency Loans Is Key

    When a closely related party of a financially distressed company grants the latter a loan, the claim for repayment may - even without an explicit subordination agreement – be classified as subordinated in bankruptcy proceedings.
    SwitzerlandInsolvency/Bankruptcy/Re-Structuring
    Pestalozzi
    Pestalozzi

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