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FROM THE BLOG

The new Swiss international insolvency law - How does it affect foreign insolvency practitioners?

Posted by on 5 March 2019

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-new-Swiss-international-insolvency-law-froriepThe major points for discussion in recent years were:

  • How can insolvency practitioners of foreign main proceedings access the debtor's assets in Switzerland?
  • How can they pursue claims against debtors in Switzerland?
  • How can assets be transferred to the estate of foreign main proceedings?

We have prepared a PDF for you which gives an overview of the basics of the new international insolvency law in Switzerland.  Our PDF is structured in the following points: 

  1. Recognition requirements
  2. Recognition and ancillary insolvency proceedings
  3. Claw back claims
  4. Critical appraisal

Click on the button below to download the PDF:

Download pdf 

 

 

This blogpost is also available in German: 

Das neue internationale Insolvenzrecht der Schweiz - welche Auswirkungen hat es für ausländische Insolvenzverwalter? 

 

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Photo by Andrew Butler on Unsplash

Topics: Insolvency & Restructuring | Litigation

  
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Sabina Schellenberg

Sabina Schellenberg joined our firm as an associate in 2009 and became a partner in 2016. She is an experienced litigator and represents domestic and foreign companies and individuals in commercial disputes before state courts of all instances and in enforcement and legal assistance matters. She is also a specialist in the fields of directors' and officers' liability law and national and international restructuring and insolvency law. After her studies at the University of Zurich, Sabina worked as a law clerk at the District Court of Zurich and was admitted to the bar in 2006. Prior to joining Froriep she was with the restructuring and insolvency department of a leading audit firm in Zurich and Basel. Sabina is a member of INSOL Europe, the International Bar Association, the Swiss SchKG Association and the Zurich Bar Association. Her working languages are German and English.

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Yannik Hässig

Yannik Hässig's practice focuses on international and domestic commercial litigation and arbitration as well as national and cross-border insolvency and restructuring law. Before joining Froriep, Yannik Hässig was a junior associate with a business law firm in Zurich and worked at the district court of Hinwil. Yannik Hässig studied at the University of Lucerne and graduated with a Master of Law in 2015. He was admitted to the Bar in 2018. His working languages are German and English.

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