Switzerland: Court Procedure

The International Chamber of Commerce has adopted revised arbitration rules effective June 1, 2026, building upon the 2021 framework with targeted enhancements focused on speed, efficiency, and transparency. While evolutionary rather than revolutionary, these changes introduce significant innovations in early case management, expedited decision-making, and accelerated procedures that are expected to substantially shape procedural practice and parties' strategic considerations.

In a recent decision to be included in the official collection, the Swiss Federal Supreme Court clarified that all medical reports produced by the parties - including unsupported certificates of incapacity for work issued by treating physicians – qualify as documentary evidence within the meaning of the revised Article 177 of the Swiss Code of Civil Procedure ("CPC"). The Court held that the recognition of such documents as evidence does not, however, prejudge their probative value, which remains subject to free judicial assessment in each individual case.

The International Chamber of Commerce has approved a revised version of its Rules of Arbitration, set to take effect on 1 June 2026, introducing significant procedural changes designed to enhance efficiency and responsiveness to global user needs. Key modifications include a new highly expedited procedure enabling final awards within three months, removal of mandatory Terms of Reference, and increased flexibility in time limits for arbitral awards.

Refus d'appliquer la fiction du re-trait à un prévenu soumis à la dé-fense obligatoire, absent aux débats d'appel [p. 2]...

Portée du secret professionnel de l'avocat sur un rapport d'enquête interne fondé sur des copies de documents bancaires et produit devant la FINMA [p. 2]

La présente Newsletter de Monfrini Bitton Klein vise à offrir, de manière hebdomadaire, un tour d'horizon de la jurispru-dence rendue par le Tribunal fédéral dans les principaux domaines d'activité de l'Etude, soit le droit pénal économique et le recouvrement d'actifs (asset recovery).

The appellate remedies can only be filed within the time limits stipulated by law.

In its Judgements 6B_1058/2022 and 6B_1072/2022 of 29 January 2024, the Federal Supreme Court has qualified a fatal work accident as involuntary manslaughter and sentenced...

In its Judgement 4A_368/2023 of 19 January 2024, the Federal Supreme Court (FSC) addressed fundamental questions relating to internal investigations by the employer in cases...