Switzerland: Litigation, Mediation & Arbitration

It is probably fitting that we begin our series of articles for Mondaq's White-Collar Crime Newsfeed with the discussion of a ruling that concerns the privilege of communications with foreign lawyers in criminal proceedings.

Artificial intelligence has made it easier than ever to create convincing fake videos, audio recordings, and images—raising urgent questions about how international arbitration tribunals should handle disputed audiovisual evidence. As deepfakes become more sophisticated and harder to detect, arbitrators face a growing challenge: determining not just what weight to give evidence, but whether that evidence is authentic at all.

In QPQ Limited v Schute [2025] IEHC 474, the High Court (Court) considered the defendant's application to admit into evidence certain correspondence exchanged between the parties' solicitors.

The ICC's 2025 Dispute Resolution Statistics reveal a global arbitration system operating at near-record levels, with 894 new cases and 1,869 pending matters. The data exposes evolving patterns in regional dispute resolution, expedited procedures, and institutional oversight, while highlighting persistent challenges in efficiency, diversity, and award quality that are reshaping how parties approach international commercial arbitration.

Artificial intelligence has made it easier than ever to create convincing fake videos, audio recordings, and images—raising urgent questions about how international arbitration tribunals should handle disputed audiovisual evidence. As deepfakes become more sophisticated and harder to detect, arbitrators face a growing challenge: determining not just what weight to give evidence, but whether that evidence is authentic at all.

An Annex VII arbitral tribunal issued a mixed Award in Ukraine v. Russian Federation, a major law-of-the-sea arbitration concerning coastal State rights in the Black Sea, the Sea of Azov, and the Kerch Strait. Ukraine succeeded on important environmental claims, with the Tribunal holding that Russia violated UNCLOS by conducting inadequate environmental impact assessments and failing to cooperate on marine environment protection.

Préjudice irréparable par le refus de jonction de plusieurs procédures pénales et violation du droit d'être entendu du prévenu [p. 2]

In a landmark decision dated 5 June 2026 (4A_481/2025, intended for publication in the official bulletin), the Swiss Federal Supreme Court confirms that Art. 63 CPC, which sets the continuation of lis pendens, also applies within the context of the Convention on Jurisdiction and Enforcement of Judgments in Civil and Commercial Matters of 30 October 2007 (the "Lugano Convention").

The International Chamber of Commerce has adopted revised arbitration rules effective June 1, 2026, building upon the 2021 framework with targeted enhancements focused on speed, efficiency, and transparency. While evolutionary rather than revolutionary, these changes introduce significant innovations in early case management, expedited decision-making, and accelerated procedures that are expected to substantially shape procedural practice and parties' strategic considerations.

In a landmark decision dated 5 June 2026 (4A_481/2025, intended for publication in the official bulletin), the Swiss Federal Supreme Court confirms that Art. 63 CPC, which sets the continuation of lis pendens, also applies within the context of the Convention on Jurisdiction and Enforcement of Judgments in Civil and Commercial Matters of 30 October 2007 (the "Lugano Convention").

This article examines the administrative confiscation mechanism under Article 35 FINMAG, analyzing its legal nature, material requirements, and practical application after 16 years of Swiss financial market supervision. The authors explore critical questions surrounding profit calculation, the scope of deductible expenses, and whether the current enforcement toolkit adequately deters supervisory law violations.

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...