Switzerland: Litigation, Mediation & Arbitration

It is probably fitting that we begin our series of articles for Mondaq's White-Collar Crime Newsfeed with the discussion of a ruling that concerns the privilege of communications with foreign lawyers in criminal proceedings.

In QPQ Limited v Schute [2025] IEHC 474, the High Court (Court) considered the defendant's application to admit into evidence certain correspondence exchanged between the parties' solicitors.

International Arbitration Comparative Guide for the jurisdiction of Switzerland, check out our comparative guides section to compare across multiple countries

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.

The 2026 ICC Arbitration Rules ("2026 ICC Rules") came into force on 1 June 2026. Applicable to all requests for arbitration filed on or after that date (unless the parties agree to submit to the Rules in effect on an earlier date), the new 2026 ICC Rules mark a significant revision of the previous 2021 ICC Rules. They reflect recent developments in arbitration practice and aim to enhance clarity, efficiency and user-friendliness.

This content presents a comprehensive list of global territories and jurisdictions, spanning from Caribbean islands to Pacific nations and European microstates.

Préjudice irréparable par le refus de jonction de plusieurs procédures pénales et violation du droit d'être entendu du prévenu [p. 2]

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 decision removes legal uncertainty and will be helpful to structure and implement pre-pack and other asset disposal transactions under time pressure.

Bär & Karrer, a Swiss law firm, provides comprehensive legal services and business solutions. Contact their Zurich office for expert assistance with legal matters, or reach out through their online inquiry form for personalized support.

Distressed transactions have become common in the Swiss M&A landscape. An important piece in the Swiss restructuring toolbox is the sale of some or all of the business with the approval of the restructuring court during a composition moratorium (Nachlassstundung), a so-called pre-pack transaction.