The Federal Council has ordered a nationwide stay of proceedings. What does this mean for debtors and creditors?
The final draft on the revision of the ZPO has been published. We discuss the most important amendments.
Composition proceedings are a legally regulated settlement of debts procedure. They basically serve the financial rehabilitation of the debtor.
Piercing the corporate veil provides another avenue for debt enforcement by disregarding the principle of separation between the legal and controlling person.
Claimants must advance Court fees. Ultimately, the losing party bears the court fees as well as the prevailing party's legal fees according to a tariff. Contingency fees are only permissible in relatively narrow boundaries, and litigation funding is only in the developing phase.
US Spotlight: demystifying Swiss arbitration for the US litiga-tor (volume 10 of 10)
Swiss Civil Procedure Law is very enforcement-friendly. The enforcement of monetary judgments takes place via debt collection proceedings, with a non-compulsory freezing of assets as a starting point.
If the facts are liquid and the legal situation is clear, a judgment can be obtained quickly and at less expense by means of legal protection in clear cases.
If bankruptcy proceedings are opened against a natural or legal person, all the pledgeable assets form the bankruptcy estate, and the bankrupt loses the power of disposal.
US Spotlight: demystifying Swiss arbitration for the US litigator (volume 9 of 10)