Georg von Segesser and James Menz of Schellenberg Wittmer review important recent developments affect litigation and arbitration in Switzerland
These are dynamic generation for dispute resolution in Switzerland. New Federal commandments of crook and Civil Procedure will enter into force on January 1 2011, replacing the different codes of the 26 Swiss cantons. The hot Code also significantly modernises the rules governing Swiss home(prenominal) arbitrations, creating stark naked possibilities for parties to chose between the legal frameworks on domestic and world(prenominal) arbitration.
Switzerland has long been a leading venue for international mercantile arbitration. Switzerland has an arbitration-friendly lex arbitri and Swiss arbitral awards have a strong destroy of resistance to challenge. Over the last few years, Switzerland has experienced a veritable arbitration boom. This is partly due to the popularity of the Swiss Rules of supranational Arbitration, under which a record number of arbitrations were administered in 2009.
The new Code of Civil Procedure
The new Federal Code of Civil Procedure (CCP) was enacted by the Swiss Parliament on December 19 2008 and will enter into force on January 1 2011.
The CCP will replace the 26 cantonal codes of gracious procedure, and will be the first unified code of civilian procedure to apply to proceedings before all Swiss civil courts.
The canton of Zurich, and particularly its specialised mercenary tap (Handelsgericht) is probably the most important and most frequently chosen state court venue in Switzerland for large, and very oftentimes international, commercial disputes. In addition to regular resolve learn as attorneys, a typical panel at the Zurich Commercial Court includes specialised commercial judges (Fachrichter).
Commercial judges are recruited from a pool of professionals from various sectors of industry and commerce. The expenditure of commercial judges is considered to reduce the costs of litigation and to increase...If you extremity to get a full essay, order it on our website: Orderessay
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