Switzerland: Litigation, Mediation & Arbitration

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Litigation law, mediation law, and arbitrage law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering civil law, class actions, dispute resolution, libel and defamation and more in relation to litigation, mediation and arbitration.
Article
Piercing The Corporate Veil In Swiss Enforcement Proceedings
Swiss law generally maintains a strict separation between a company's assets and those of its shareholders, but courts may exceptionally disregard this principle when it constitutes an abuse of rights. This analysis explores the legal framework and practical requirements for both piercing and reverse piercing the corporate veil in Switzerland, with particular emphasis on how these doctrines apply in debt enforcement and attachment proceedings.
Switzerland Litigation
LL
Loyens & Loeff
Article
Perjury And False Evidence In International Arbitration
Witness evidence plays a critical role in international arbitration, but what happens when a witness deliberately lies? This comprehensive analysis examines how different jurisdictions handle perjury and false testimony in arbitration proceedings, exploring the criminal liability, procedural consequences, and potential impact on arbitral awards across Switzerland, England, France, UAE, India, and Singapore.
Switzerland Litigation
Aceris Law
Article
Can Arbitrators Ask Artificial Intelligence For Its View On Legal Issues?
Artificial intelligence is increasingly being used in international arbitration for legal research, document review, and drafting. However, its use becomes difficult to assess when an arbitrator turns to AI not merely to process information, but to obtain a view on a legal issue that the tribunal must decide. This article examines emerging guidance on whether arbitrators can ask AI for its opinion on legal questions and explores the boundaries between AI as a research tool and AI as a decision-maker.
Switzerland Litigation
Aceris Law
Article
Security For Costs In Investment Arbitration
Security for costs has become an increasingly important procedural issue in investment arbitration. A respondent State may spend millions defending a treaty claim and, even after prevailing and obtaining a costs award, remain exposed to non-recovery where the claimant is insolvent or has few assets against which the award can be enforced. Security for costs is designed to mitigate that risk before a final costs award is rendered.
Switzerland Litigation
Aceris Law
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International Arbitration

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Disclosure & Electronic Discovery & Privilege

Article
Deepfakes In International 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.
Switzerland Litigation
Aceris Law
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Arbitration & Dispute Resolution

Article
Perjury And False Evidence In International Arbitration
Witness evidence plays a critical role in international arbitration, but what happens when a witness deliberately lies? This comprehensive analysis examines how different jurisdictions handle perjury and false testimony in arbitration proceedings, exploring the criminal liability, procedural consequences, and potential impact on arbitral awards across Switzerland, England, France, UAE, India, and Singapore.
Switzerland Litigation
Aceris Law
Article
Endeavours Obligations In A Contract: How Hard Do You Actually Have To Try?
That can make perfect commercial sense. Regulatory approval may be outside a party’s control, a third party may need to give its consent, or performance may depend on events elsewhere in the supply chain. In these situations, an absolute obligation to deliver a particular result may be unrealistic. Instead, the parties agree on how hard the party must try to achieve it.
Switzerland Commercial
LP
Logan & Partners
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Court Procedure

Article
Piercing The Corporate Veil In Swiss Enforcement Proceedings
Swiss law generally maintains a strict separation between a company's assets and those of its shareholders, but courts may exceptionally disregard this principle when it constitutes an abuse of rights. This analysis explores the legal framework and practical requirements for both piercing and reverse piercing the corporate veil in Switzerland, with particular emphasis on how these doctrines apply in debt enforcement and attachment proceedings.
Switzerland Litigation
LL
Loyens & Loeff
Article
Perjury And False Evidence In International Arbitration
Witness evidence plays a critical role in international arbitration, but what happens when a witness deliberately lies? This comprehensive analysis examines how different jurisdictions handle perjury and false testimony in arbitration proceedings, exploring the criminal liability, procedural consequences, and potential impact on arbitral awards across Switzerland, England, France, UAE, India, and Singapore.
Switzerland Litigation
Aceris Law
See more

Trials & Appeals & Compensation

Article
Security For Costs In Investment Arbitration
Security for costs has become an increasingly important procedural issue in investment arbitration. A respondent State may spend millions defending a treaty claim and, even after prevailing and obtaining a costs award, remain exposed to non-recovery where the claimant is insolvent or has few assets against which the award can be enforced. Security for costs is designed to mitigate that risk before a final costs award is rendered.
Switzerland Litigation
Aceris Law
Article
Swiss Supreme Court Reaffirms Its Opposition To Forum Running – Preserving Lis Pendens After Dismissed Clear-Case Proceedings Under Art. 63 CPC
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").
Switzerland Litigation
BK
Bär & Karrer
Article
Die Einziehung Nach Art. 35 FINMAG
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.
Switzerland Finance
PL
Pestalozzi Attorneys at Law
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Latest Videos

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