Home / Europe / Switzerland / Dispute Resolution

Dispute Resolution

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.

The team provides very practical, commercial legal advice which includes suggestions on how best to handle the dispute going forwards.

The Legal 500, Dispute Resolution: Litigation, Switzerland, 2020

Interviewees describe the team as "considerate and very knowledgeable." Sources also highlight the lawyers for being "very client-focused" and providing "good service."

Chambers and Partners, Dispute Resolution, Switzerland, 2020
02/06/2020
CMS Ex­pert Guide to In­ter­na­tion­al Ar­bit­ra­tion
 We live in a con­nec­ted glob­al en­vir­on­ment where the num­ber and com­plex­ity of in­ter­na­tion­al trans­ac­tions is ever in­creas­ing.  As a con­sequence, the policies and activ­it­ies in one area of the world can im­pact and shape the com­mer­cial real­it­ies for bus
29/11/2021
CMS Ex­pert Guide to re­cog­ni­tion and en­force­ment of judge­ments
Right knows no bound­ar­ies, and justice no fron­ti­ers; the broth­er­hood of man is not a do­mest­ic in­sti­tu­tion. (Amer­ic­an judge, 1872 – 1961)In­ter­na­tion­al cli­ents who have suc­cess­fully ob­tained a ju­di­cial de­cision in their fa­vour – be it a court judg­ment

Feed

13/09/2022
UPC Rules of Pro­ced­ure go in­to force with judg­ments to be made pub­lic
The entry in­to force of the Rules of Pro­ced­ure is part of the fi­nal pre­par­a­tions for the United Pat­ent Court (UPC), which is cur­rently ex­pec­ted to start work in early 2023. After the bod­ies of the UPC...
04/08/2022
In­ter­na­tion­al ar­bit­ra­tion law and rules in Switzer­land
Most ar­bit­ra­tions in Switzer­land are in­ter­na­tion­al. Only a small minor­ity of agree­ments between two Swiss com­pan­ies in­cludes an ar­bit­ra­tion clause. The two Swiss hubs for com­mer­cial ar­bit­ra­tion are Zurich...
28/07/2022
Eng­lish High Court per­mits ser­vice of court pro­ceed­ings by NFT
For the first time out­side the United States and for only the second time world­wide,[1] a court has al­lowed the ser­vice of pro­ceed­ings via non-fun­gible token (NFT).  The judg­ment of Trow­ers J in the...
04/07/2022
Sus­tain­able De­vel­op­ment Goals and Re­act­ive Leg­al Lim­it­a­tions Per­vade the...
On 24 June 2022, the 53 Con­tract­ing Parties of the En­ergy Charter Treaty (ECT), a key mul­ti­lat­er­al treaty pro­tect­ing cross-bor­der en­ergy in­vest­ments that was ori­gin­ally con­cluded in 1991, reached a tent­at­ive...
28/06/2022
Tech­no­logy Trans­form­a­tion: Man­aging Risks in a Chan­ging Land­scape
Chan­ging tech, chan­ging risks
24/06/2022
Stock­holm Ar­bit­ra­tion Tribunal Denies Jur­is­dic­tion over In­tra-EU In­vest­ment...
In a ground­break­ing award, dated 16 June 2022, made in Green Power Part­ners K/S and SCE Sol­ar Don Benito APS v The King­dom of Spain, a tribunal con­sti­tuted un­der the Ar­bit­ra­tion Rules of the Ar­bit­ra­tion...
20/06/2022
The United States Su­preme Court Re­stricts Dis­cov­ery for In­ter­na­tion­al Ar­bit­ra­tions
In a land­mark de­cision is­sued on 13 June 2022,[1] the US Su­preme Court (“SCOTUS”), Amer­ica’s highest court, ruled that the scope of Sec­tion 1782 of the United States Code (“U.S.C.”) does not...
07/06/2022
Ad­verse ef­fects of drugs and vac­cines in Switzer­land
1. Drug ad­verse ef­fects: kinds of re­spons­ib­il­ity 1.1 Which are the main kinds of re­spons­ib­il­ity (con­trac­tu­al, in tort, crim­in­al) of the fol­low­ing sub­jects with re­spect to ad­verse drugs re­ac­tions? A...
Comparable
01/06/2022
CMS Next
What’s next? In a world of ever-ac­cel­er­at­ing change, stay­ing ahead of the curve and know­ing what’s next for your busi­ness or sec­tor is es­sen­tial.At CMS, we see ourselves not only as your leg­al ad­visers but also as your busi­ness part­ners. We work to­geth­er with you to not only re­solve cur­rent is­sues but to an­ti­cip­ate fu­ture chal­lenges and in­nov­ate to meet them.With our latest pub­lic­a­tion, CMS Next, our ex­perts will reg­u­larly of­fer you in­sights in­to and fresh per­spect­ives on a range of is­sues that busi­nesses have to deal with – from ESG agen­das to re­struc­tur­ing after the pan­dem­ic or fa­cing the di­git­al trans­form­a­tion. We will also share with you more about the work that we are do­ing for our cli­ents, help­ing them in­nov­ate, grow and mit­ig­ate risk.To be able to provide you with the best sup­port, we im­merse ourselves in your world to un­der­stand your leg­al needs and chal­lenges. However, it is equally im­port­ant that you know who we are and how we can work with you. So, we in­vite you to meet our ex­perts and catch a glimpse of what is hap­pen­ing in­side CMS.En­joy read­ing this pub­lic­a­tion, which we will up­date reg­u­larly with new con­tent.CMS Ex­ec­ut­ive Team
20/05/2022
Amended IC­SID Rules to enter in­to force on 1 Ju­ly 2022
On 21 March 2022, the Mem­ber States of the In­ter­na­tion­al Centre for Set­tle­ment of In­vest­ment Dis­putes (IC­SID) ad­op­ted a com­pre­hens­ive set of amend­ments to IC­SID ar­bit­ra­tion and con­cili­ation rules (“IC­SID...
28/04/2022
CMS once again named as one of the top law firms in Switzer­land
For the sixth time, the lead­ing Swiss busi­ness magazine BIL­ANZ and the news­pa­pers Han­delszei­tung and Le Temps have pub­lished their rank­ings of the  top law firms in Switzer­land. CMS von Er­lach Part­ners (CMS Switzer­land) is ranked as one of the top 25 law firms in Switzer­land in a total of 28 out of 31 prac­tice areas, which is more than any oth­er law firm in Switzer­land. This fur­ther un­der­lines our po­s­i­tion as a lead­ing full-ser­vice law firm.
11/04/2022
CMS Switzer­land re­cog­nised by The Leg­al 500
Rank­ings of CMS Switzer­land in The Leg­al 500 EMEA 2022 edi­tion