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On 1 January 2019, the revised Section of the Swiss Private International Law Act (PILA) regarding cross-border insolvencies entered into force. The revision became necessary as the previous regulation was criticised in particular for its protectionist elements, which also were a recurring topic in discussions with foreign colleagues and insolvency practitioners. Particularly compared to other European countries, Switzerland had apparent modernisation potential.

The opening of insolvency or debt-restructuring proceedings can lead to considerable uncertainties for the parties involved. Employees want to know whether they receive their wages, social security funds are interested in getting paid all outstanding contributions; all creditors of the company would like to receive clarity about the dividend they are entitled to and other interested persons may want to know who the creditors of the company are. In any case, the parties involved have one thing in common: they are all interested in information about the company and the status of the insolvency or debt-restructuring proceedings. The question is how to get the relevant information.

In the framework of the proposed general revision of Swiss corporate law, the Federal Council intends to overhaul the existing restructuring regime for distressed companies. The objective of the effort is to create incentives for distressed companies to take the necessary restructuring measures as early as possible and, by doing so, avoid bankruptcy.

Lawyers know the law, managers know how to make business decisions. Often, managers complain about the typical lawyers' answer "it depends". On the other hand, lawyers may suffer from the fact that they are sometimes called in the last minute of a negotiation to review the legal aspects of a deal; or even worse: if their legal assessment on the project is feared ("no"), they may even be avoided. How can both positions be reconciled? This is where contractual risk management comes in handy.