Publications by Marcel Frey
Precautionary taking of evidence – Swiss style pre-trial discovery?
Published in Apr 2013 by Dr. Urs Feller and Marcel Frey in International Bar Association International Litigation News – April 2013
Article on the new instrument of and prerequisites for requesting the production of evidence before a trial has become pending in court for the evaluation of the risks and chances of a trial
Dispute Resolution – Practical Law Multi-Jurisdictional Guide 2012 / 2013
Published in Sep 2012 by Dr. Urs Feller, Marcel Frey and Bernhard C. Lauterburg in Practical Law Company Dispute Resolution Volume 1
Article on the main principles of dispute resolution in Switzerland (litigation and arbitration) in civil matters in Q&A format
Money laundering by omission – a landmark decision by the Swiss Federal Tribunal
Published in Sep 2011 by Dr. Urs Feller and Marcel Frey in Newsletter of the International Bar Association, Criminal Law Section News
Review of a decision by the Swiss Federal Tribunal that money laundering according to the Swiss Criminal Code can be committed by omission if the perpetrator is under a special duty of care
Dispute Resolution Country Q&A Switzerland
Published in May 2011 by Dr. Urs Feller, Marcel Frey and Bernhard C. Lauterburg in Practical Law Company Dispute Resolution Handbook 2011/2012
Article on the main principles of dispute resolution in Switzerland (litigation and arbitration) in civil matters under the new Code of Civil Procedure in Q&A format
New attachment ground under Swiss law
Published in Sep 2010 by Marcel Frey in IBA International Litigation News – September 2010
This article gives an overview of the new statutory attachment ground coming into effect at the beginning of 2011 which allows for creditors to secure assets of their debtor if they hold an enforceable title (definitiver Rechtsöffnungstitel) in hand
Recent decision by the Federal Tribunal of Switzerland: Place of performance – limiting forum shopping
Published in Apr 2010 by Dr. Urs Feller and Marcel Frey in IBA International Litigation Newsletter April 2010
Assessment of the Federal Tribunal’s recent decision denying a Swiss reinsurer jurisdiction in Switzerland based on a claim of invalidity of contract because of dissent of a material contractual duty.
Lawsuits by foreigners in Switzerland based on the Lugano Convention
Published in Sep 2009 by Dr. Urs Feller and Marcel Frey in IBA International Litigation Newsletter
Review of a court decision by the Federal Supreme Court on the topic of jurisdiction in Switzerland for foreign based claimants against Swiss banks based on the Lugano Convention