According to a new leading case of the Federal Supreme Court, the recognition of a foreign certificate – in this case the certificate of inheritance established by the Egyptian court – should be refused in Switzerland when it is manifestly incompatible with Swiss public order, that is to say, when it runs against the fundamental principles of the Swiss legal order in an unacceptable way.
Switzerland is now among the top venues for antitrust claims to be resolved by arbitration. Are antitrust disputes arbitrable in Switzerland? Does the arbitration clause cover antitrust claims? Can a party seek punitive damages in a Swiss arbitration? Find the answers to these questions in the article.
This article deals with a very recent decision of the Swiss Federal Supreme Court of 9 February 2016 concerning a jurisdiction clause of a Geneva based Swiss bank. The place of jurisdiction is of course key in any dispute. The following questions will be answered: