Switzerland: International Law

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

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.

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

The European Union has comprehensively reformed its design law, establishing a modern foundation for design protection that will significantly impact Swiss companies operating in the EU market. These changes, effective July 1, 2026, affect businesses offering products, spare parts, or digital products in the EU or seeking protection there.

In August 2025, Washington imposed a 39% tariff on Swiss exports, later reduced to 15% through a framework arrangement. Following a U.S. Supreme Court ruling...

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

In August 2025, Washington imposed a 39% tariff on Swiss exports, later reduced to 15% through a framework arrangement. Following a U.S. Supreme Court ruling...

In a ruling the Federal Supreme Court has held in 4A_454/2025 of 3rd March 2026 that PostFinance cannot refuse basic payment services to a client solely on the basis of US and UK sanctions designations where the client does not appear on any Swiss sanctions list.