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The Swiss Civil Procedure Code enters into force in January 2011. For the first time in Swiss legal history, the new Code brings about a unification of civil procedure throughout Switzerland by replacing the 26 different civil procedure laws of the Cantons. The new Code will henceforth apply to all civil proceedings for domestic and international disputes, as well as to domestic arbitration. This book - mainly intended for the use by foreign lawyers - includes an overview of the main features of the new law, allowing the reader to get conveniently acquainted with the Swiss civil procedure law in general. The book's main part consists of a word-by-word English translation of the official text of the Code, including a detailed Table of Contents for quick and easy reference to the Code's system and its 408 articles. The authors have prepared the translation on the basis of the official French and German versions of the Code, thereby staying as close as possible to the original texts. The English translation reflects the status of the law as it will enter into force in 2011 and the amendments resulting from the Federal Act on the Ratification and Implementation of the Lugano Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters.
International Arbitration Law Library, Volume Number 57 Collaboration between multiple parties from different countries is one of the main challenges of almost every international undertaking, and this is especially true in the case of large and complex construction projects, such as airport terminals, interchange subway stations, distribution centers, industrial processing and manufacturing facilities or hydropower plants. This comprehensive analysis of key legal issues arising from interdependencies between multiple contracts methodically lays out, from a Swiss law perspective, the way in which coordination of works in construction projects could or should occur. It also examines the legal consequences of coordination failure and various related aspects of dispute resolution. Topics covered include the following: interfaces and interdependencies across the system boundaries of multiple contracts coordination responsibilities derived from the principle of good faith and from a contextual interpretation of interdependence-related FIDIC Red Book provisions; delegation scenarios; liability for breach of contract and legal remedies in case of delay, disruption, defects, destruction and performance impossibility; direct claims against third parties; taking of evidence under substantively intertwined contracts; and coordination of interrelated arbitration proceedings. The detailed analysis draws on numerous specific real-life examples as well as illustrative Swiss and Unites States case law. An appendix offers very useful practice pointers. Although considering Swiss law, which is a frequent choice for the law governing international construction contracts, the analysis deals with an array of conceptual aspects of multiple contracts and coordination, thereby addressing a great number of issues beyond the limits of national law. With its practical examples, the book is sure to be welcomed by those seeking to avoid or resolve disputes to which project coordination may give rise. It will prove of particular value to practitioners negotiating international construction contracts, arbitrators, in-house counsel representing owners and contractors involved in international construction projects, members of dispute review boards and project managers.
As the first legal history of Switzerland in English, this seminal work presents the legal development in the territory of today's Switzerland. Until 1798, the Swiss Confederation consisted of a conglomerate of around 50 local authorities with different constitutional statuses. The number of legislative jurisdictions was even greater; each territory, however small, had its own legal system before 1798. In the 19th century, legal unity was initially created within the framework of cantonal law and, since 1848, at the national level. Key developments of the 20th century were equality between men and women, social legislation and the influence of technological development. The focus of the book is on constitutional history, legal sources and legislation, court proceedings and jurisprudence. It also presents the political, economic and social backgrounds of legal developments
This book examines the Santillana Codes, legal instruments which form a distinct class of uniquely African civil code and are still in force today in a legal arc that extends from the Maghreb to the Sahel. Stigall presents the history of Santillana’s seminal legislative effort and provides a comparative analysis of the substance of those codes, illuminating commonalities between Islamic law and European legal systems.
Swiss citizens approve of their government and the way democracy is practiced; they trust the authorities and are satisfied with the range of services Swiss governments provide. This is quite unusual when compared to other countries. This open access book provides insight into the organization and the functioning of the Swiss state. It claims that, beyond politics, institutions and public administration, there are other factors which make a country successful. The authors argue that Switzerland is an interesting case, from a theoretical, scientific and a more practice-oriented perspective. While confronted with the same challenges as other countries, Switzerland offers different solutions, some of which work astonishingly well.
Arbitration in Switzerland
he Swiss International Arbitration Law Reports provides for the first time a full English translation of the decisions made by the Swiss Federal Supreme Court on a biannual basis, irrespective of whether the original decision was published in the German, French or Italian language, or whether the decision has been officially published or is simply available on the Court's website. The English translation is presented in parallel to the original text of each decision, and it is preceded by a head note and a summary of the decision for the reader in a hurry. All decisions directly relating to international arbitration will be translated, including those that deal with setting aside proceedings, the enforcement of arbitration agreements or the recognition and enforcement of foreign arbitral awards in Switzerland under the New York Convention, 1958. Switzerland is historically one of the preferred venues for international commercial arbitration. Arbitrations taking place in Switzerland relate not only to contracts between European corporations, but also to contracts made in East-West trade or contracts between parties in the Northern and the Southern hemisphere. The most important decisions on international arbitration are made by Switzerland's highest court, the Federal Supreme Court. Anyone who needs to consider the position of the Swiss law on international arbitration is bound to consult these decisions. In addition, due to the leading role of Switzerland in international arbitration, the Court's decisions are frequently relied upon by arbitral tribunals in international arbitrations outside Switzerland.
"Switzerland has recently witnessed an unprecedented level of tax treaty negotiations. Although this is a direct result of Switzerland's revised position regarding exchange of information, a number of contracting states have taken this opportunity to modify tax treaty benefits and/or clarify certain aspects of tax treaty interpretation and application. These are considered extensively in this edition. As Switzerland has steadily aligned itself with international principles of international taxation, the self-imposed anti-abuse rules for the application of tax treaties have become less relevant. Nevertheless, Swiss courts have become more creative in determining where there is and where there is not treaty abuse. As a result, the 1962 Abuse Decree is making way for a more complex basket of anti-abuse rules and regulations"--Foreword (page vii).