Publications in “Litigation & Arbitration”:
Streitverkündungsklage und aktienrechtliche Verantwortlichkeit
Published in Oct 2011 by Prof. Dr. Urs Bertschinger in Festschrift für Ivo Schwander
Der Beitrag stellt die Streitverkündungsklage im Rahmen der aktienrechtlichen Verantwortlichkeit in den Kontext der Corporate Governance.
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
Administrative Assistance in tax matters – focus on UBS
Published in Jun 2011 by Dr. Urs Feller in The American Lawyer, Focus Europe an ALM Supplement
Q & A on various aspects of the administrative assistance procedure in tax matters, highlighting the situation of UBS-clients and the respective treaty between US and Switzerland
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
Taking of Evidence in Switzerland
Published in Oct 2010 by Christian Lang in FDCC Quarterly, together with Eliane Rossire
New attachment ground under Swiss law
Published in Sep 2010 by Marcel Frey and Zsuzsanna Kunszt 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
Session report: Inside counsel perspectives on management of complex litigation
Published in Sep 2010 by Dr. Urs Feller in IBA International Litigation News – September 2010, together with Philippe Nordmann and Maurice Courvoisier
Report on the panel discussion focusing on the challenges and experiences in connection with complex litigation such as staffing, communication, budgeting, interaction with several law firms and e-discovery
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.
Independence, Impartiality and Duty of Disclosure in Investment Arbitration
Published in Jan 2010 by Bernhard C. Lauterburg in Investment and Commercial Arbitration – Similarities and Divergences (Eleven International Publishing), together with Noah Rubins (Freshfields Bruckhaus Deringer)
The authors discuss potential difficulties in applying concepts on arbitrator challenges developed in commercial arbitration to investment treaty arbitration, which unlike commercial arbitration is not confidential and apolitical but rather public and political in nature with entire populations arguably constituting key stakeholders in the proceedings.
The future of international litigation in Europe: proposed amendments to Council Regulation (EC) 44/2001
Published in Sep 2009 by Dr. Urs Feller in International Litigation News
Report on the conference of the IBA Litigation Committee held in June 2009 in Vienna covering the session regarding the proposed amendments to the Council Regulation (EC) 44/2001 which emerged from the Brussels Convention, being one of the most important pieces of legislation for cross border litigation in Europe."
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
A Visit to the Singapore Supreme Court
Published in May 2008 by Dr. Urs Feller in IBA Litigation Committee Newsletter
Description of the workings of the Singapore Supreme Court, its interaction with lawyers and the public with a special focus on the modern communication means offered to lawyers and parties and the court’s case efficacy
Innovation im englischen Zivilprozessrecht – anwendbar auch in der Schweiz?
Published in May 2002 by Dr. Urs Feller in AJP 5/2002
Untersuchung zum zivilprozessualen Instrument der Vertragsofferte der neuen englischen Civil Procedure Rules und zur Frage deren Übertragung ins schweizerische Zivilprozessrecht