Switzerland: Trials & Appeals & Compensation

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...

The decision removes legal uncertainty and will be helpful to structure and implement pre-pack and other asset disposal transactions under time pressure.

As mentioned in an article in the FuW: The write-off of Additional Tier 1 (AT1) bonds issued by Credit Suisse remains one of the most controversial aspects of the bank's emergency rescue in March 2023.

In its landmark decision BGer 5A_114/2025 of 13 January 2026, the Swiss Federal Supreme Court has clarified the question of when proceedings are considered pending in Switzerland and thus block a lawsuit abroad.

The UNCITRAL Code of Conduct for Arbitrators in International Investment Dispute Resolution (the "UNCITRAL Code of Conduct") recalibrates ethical expectations in investor-state dispute settlement.

La présente Newsletter de Monfrini Bitton Klein vise à offrir, de manière hebdomadaire, un tour d'horizon de la jurisprudence rendue par le Tribunal fédéral dans les principaux domaines d'activité de l'Etude, soit le droit pénal économique et le recouvrement d'actifs (asset recovery).

In its decision of 24 September 2025 (6B_1180/2023), the Swiss Federal Supreme Court rejected the proposition that repeated violations of AMLA diligence and reporting duties...

Starting 1 January 2026, Switzerland will implement a major reform that generalizes the use of videoconferencing tools in cross-border civil and commercial proceedings.