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Dispute Resolution

Switzerland

If you have a problem requiring legal action, our team can assist you in analysing risk, managing disputes and seeking constructive solutions in your best interests. CMS´s sector-focused lawyers are not just litigators or arbitration specialists but business-minded problem solvers. Using our global experience and local knowledge, we can safeguard your interests before state courts, arbitral tribunals and in alternative dispute resolution. We can handle your dispute across any European jurisdiction, obtain judicial assistance in foreign proceedings and deal with enforcement procedures for foreign judgements and arbitral awards.

If you want your dispute to stay out of court or arbitration, we can guide you tactically in achieving this. We routinely act in all business areas before state courts and as counsel in international and domestic arbitration proceedings, including investment arbitration. Our partners also regularly act as arbitrators.

A further risk you may face is the threat of an external investigation amid allegations of corporate wrongdoing. Our specialists can support you 24/7 through sensitive investigations by criminal and regulatory authorities, including negotiating settlements where appropriate.

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Dis­pute Res­ol­u­tion
De­liv­er­ing Res­ults through ex­per­i­ence
June 2018
CMS Guide to Anti-Bribery and Cor­rup­tion Laws

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09/10/2018
Crim­in­al li­ab­il­ity of as­set man­agers for not dis­clos­ing...
18/02/2019
CJEU Ad­voc­ate Gen­er­al ap­proves In­vest­ment Court Sys­tem in EU-Canada...
On 29 Janu­ary 2019, Ad­voc­ate Gen­er­al Yves Bot of the EU Court of Justice (CJEU) pub­lished his opin­ion that the in­vestor-state dis­pute set­tle­ment mech­an­ism of the EU-Canada Com­pre­hens­ive Eco­nom­ic and Trade Agree­ment (CETA) is com­pat­ible with EU law.
27/08/2018
Amend­ments to Anti-money Laun­der­ing Act
con­sulta­tion pro­cess ini­ti­ated
14/02/2019
EU Mem­ber States ad­opt de­clar­a­tion on the ter­min­a­tion of all bi­lat­er­al...
On 15 Janu­ary 2019, rep­res­ent­at­ives of EU Mem­ber States made the first form­al step to­wards end­ing bi­lat­er­al in­vest­ment pro­tec­tion treat­ies signed between EU Mem­ber States (“in­tra-EU BITs”) when they signed the De­clar­a­tion of the Rep­res­ent­at­ives of the Gov­ern­ments.
Dr Patrick Sommer, H.E.E.
21/08/2018
Your in­tro­duc­tion to CMS Switzer­land
29/01/2019
Singa­pore Con­ven­tion to strengthen me­di­ation as means to re­solve in­ter­na­tion­al...
On 20 Decem­ber 2018, the UN Gen­er­al As­sembly ad­op­ted the UN Con­ven­tion on In­ter­na­tion­al Set­tle­ment Agree­ments Res­ult­ing from Me­di­ation, known as the Singa­pore Con­ven­tion. The Con­ven­tion is ex­pec­ted to be signed in Au­gust 2019 mean­ing that it will enter in­to.
June 2018
CMS Guide to Anti-Bribery and Cor­rup­tion Laws
17/12/2018
New Dutch court for in­ter­na­tion­al com­mer­cial dis­putes to be­gin work...
The Neth­er­lands Com­mer­cial Court (NCC), the new Dutch court slated to handle in­ter­na­tion­al com­mer­cial dis­putes in the Eng­lish-lan­guage, is now set to start its activ­it­ies and is ex­pect­ing its first cases in early 2019.
16/05/2018
Im­plic­a­tions of Third Party Fund­ing on the in­teg­rity...
13/12/2018
The Ger­man Fed­er­al Court of Justice rules in Achmea – entry in­to the...
In its re­cent de­cision (I ZB 2/15), the Ger­man Fed­er­al Court of Justice (BGH) set aside the award ob­tained by the Dutch in­vestor Achmea against the Slov­aki­an Re­pub­lic. The BGH's de­cision came down on 31 Oc­to­ber 2018 and was not un­ex­pec­ted giv­en that the Ger­man.
01/03/2018
WHITE COL­LAR CRIME SWITZER­LAND
16/11/2018
Third-Party Fund­ing in in­ter­na­tion­al in­vest­ment ar­bit­ra­tion – en route...
Over the last couple of years, Third-Party Fund­ing (TPF) has be­come more and more com­mon with­in in­ter­na­tion­al in­vest­ment ar­bit­ra­tion. Ac­cord­ing to a re­port pub­lished by the In­ter­na­tion­al Coun­cil for Com­mer­cial Ar­bit­ra­tion (ICCA) in 2015, 60 % or more of all.