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Unjustified debt enforcement - what can be done?

Unjustified debt enforcement - what can be done?

When is an unjustified debt enforcement no longer shown in the debt enforcement register extract?

If a debtor fails to meet his payment obligations, the creditor may, instead of bringing a court action, first initiate debt...

Findings of the Basler CPC-Day 2019

Findings of the Basler CPC-Day 2019

On 15 November 2019, the annual conference as part of the continuing education series "Recht aktuell" concerning the latest developments in civil procedural law ("Basel CPC-Day") took place, organised by the Faculty of Law of the...

Private expert opinions in civil law litigation

Private expert opinions in civil law litigation

The evidentiary value of private expert opinions with a focus on medical malpractice cases.

Clarification by the Federal Supreme Court

In civil law litigation, private or party expert opinions are repeatedly submitted by the...

Subject access requests and privileged information

Subject access requests and privileged information

The purpose of the right of access is to enable or facilitate the exercise of other individual rights under Swiss or European data protection laws. At the same time, the right of access may adversely affect the rights and freedoms of others, including the right to protection of privileged information. I held a workshop at the bi-annual Lawyers' Congress of the Swiss Bar Association in Lucerne last week. The session discussed the right of access from the viewpoint of lawyers and their clients.

Arbitrating banking and finance disputes – What are the benefits?

Arbitrating banking and finance disputes – What are the benefits?

While there has been some growth in the use of arbitration as a means of resolving disputes in the finance sector, court litigation is still by far the preferred-choice of financial institutions in Switzerland. At the SCAI Conference "Arbitrating banking disputes – Are there tangible benefits?" it was discussed how the wider use of arbitration in the finance sector can be promoted and encouraged. This blog post provides a short overview which kind of banking disputes may be suitable and what advantages choosing arbitration may have.

Arbitration and Corruption

Arbitration and Corruption

The 2019 ASA Conference on Arbitration and Corruption revealed that this topic raises various issues that still need to be tackled appropriately. This contribution gives a short overview on some of the most important issues.

Costs

Costs

Swiss Civil Procedure Law in a Nutshell (Volume 12 of 12)

This blog series provides litigators and corporate counsel from other jurisdictions with a practical understanding of the mechanics, advantages, and limits of litigation before State Courts in Switzerland.

Enforcement

Enforcement

Swiss Civil Procedure Law in a Nutshell (Volume 11 of 12)

This blog series provides litigators and corporate counsel from other jurisdictions with a practical understanding of the mechanics, advantages, and limits of litigation before State Courts in Switzerland.

Sovereign Immunity in Civil Proceedings

Sovereign Immunity in Civil Proceedings

Swiss Civil Procedure Law in a Nutshell (Volume 10 of 12)

This blog series provides litigators and corporate counsel from other jurisdictions with a practical understanding of the mechanics, advantages, and limits of litigation before State Courts in Switzerland.

Special Forms of Proceedings

Special Forms of Proceedings

Swiss Civil Procedure Law in a Nutshell (Volume 9 of 12)

This blog series provides litigators and corporate counsel from other jurisdictions with a practical understanding of the mechanics, advantages, and limits of litigation before State Courts in Switzerland.

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