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ARTICLE · 08 AUGUST 2024

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GAR Know How Construction Arbitration

Schellenberg Wittmer Ltd
Schellenberg Wittmer Ltd
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Schellenberg Wittmer Ltd

Schellenberg Wittmer Ltd

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Is your jurisdiction primarily a common law, civil law, customary law or theocratic law jurisdiction? Are the laws substantially derived from the laws of another jurisdiction and, if so, which? What instruments...

SwitzerlandReal Estate and Construction

Legal system

1. Is your jurisdiction primarily a common law, civil law, customary law or theocratic law jurisdiction? Are the laws substantially derived from the laws of another jurisdiction and, if so, which? What instruments have legal force and effect? Who are the lawmaking bodies? How and where are new laws published? Can laws be passed with retrospective effect?

The Swiss legal system is based on the civil law tradition.

Swiss contract law in particular is very liberal in that it contains very few mandatory provisions and partyautonomy reigns supreme. Owing to its plain wording, neutrality and business-friendliness, Swiss law is often chosen as the law to govern international commercial contracts in a wide range of industries, including the construction industry.

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