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Switzerland
By Pascal Favre
The Swiss Competition Commission fines IFPI Switzerland and Phononet for preventing parallel imports.
By Frank Spoorenberg, Isabelle Fellrath
The guarantee to an independent and impartial tribunal is a fundamental tenet of justice. In the context of arbitration, it requires that national law allow the regularity of the constitution of the arbitral tribunal to be reviewed by a judicial authority (one-tier judicial review).
By Pascal Favre
On April 18, 2012, the Competition Commission published its 2011 annual report.
By Frank Spoorenberg, Isabelle Fellrath
The Swiss Supreme Court has recently vacated an international arbitration award on material public policy ground under Article 190 par. 2 let. (e) of the Private International Law Act (the "PIL Act").
By Frank Spoorenberg, Nathalie Bürgenmeier
Article 192 of the Private International Law Act (the "PIL Act") allows the parties to waive all or part of the legal grounds for challenges against international awards issued in Switzerland, as long as the parties are not domiciled, seated, and have no business establishment in Switzerland.
By Silvio Venturi, Pascal Favre
On March 29, 2012, the Competition Commission published a recommendation to all cantons and municipalities to grant taxi services providers from other regions the possibilities of unhampered development
By Frank Spoorenberg, Isabelle Fellrath
The Swiss Supreme Court confirmed recently its practice of constructive interpretation of pathological or ambiguous arbitration clauses.
By Silvio Venturi, Pascal Favre
Competition Commission prohibits exchange of information between importers and suppliers of luxury cosmetics
By Frank Spoorenberg, Isabelle Fellrath
With respect to arbitration agreements, the Swiss Supreme Court has constantly applied restrictively the formal requirement of the written consent to arbitrate (Private International Law Act, Art. 178 ) whilst favouring an extensive construction of the scope of such consent, sometime in derogation to the relativity of contractual obligations .
By Silvio Venturi, Pascal Favre
On July 11 2011, the Competition Commission ("Comco") closed its investigation against Electrolux AG and V-Zug AG in connection with restrictions on online retailing of household appliances (white goods) by reaching an amicable settlement.
By Silvio Venturi, Pascal Favre
The Competition commission has published its 2010 annual report.
By Frank Spoorenberg, Isabelle Fellrath
The Swiss Supreme Court has recently issued a few decisions deserving a special mention.
By Silvio Venturi, Pascal Favre
On January 4 2011, the competition commission announced that it has launched a preliminary investigation into a cooperation agreement between Swisscom and the city of St Gallen to extend the city's fibre-optic network.
By Frank Spoorenberg
In a recent decision, the Swiss Supreme Court (the "Supreme Court") confirmed that that setting aside proceedings are also available against an additional award, including the refusal to issue an additional award.
By Frank Spoorenberg, Isabelle Fellrath
The closed-list based appointment procedure for arbitrators operating under the aegis of the Switzerland-seated Court of arbitration for sports has been under the close scrutiny of the Swiss Supreme Court in the last few years.