01 March 2018
One, two, three – inflation of experts in arbitration?
The Annual Conference of the Swiss Arbitration Association that took place in Zurich on 2 February 2018 (conference materials and some impressions from the conference) dealt with conflicting assumptions on expert evidence in arbitration and with the question of how to handle them in practice. During the lively debate, the "cultural clash" between the common law approach and the civil law position appeared more vigorous than I had anticipated.Read more
15 February 2018
Piercing the corporate veil in debt enforcement
Can a creditor, for the purposes of enforcement against the debtor company, access the assets of the individual shareholders? Can the real estate owned by a family foundation be seized, or property owned by the foundation be utilised, against the founder's debts for the enforcement of tax debts of a founder? These and other questions arise in the context of the so-called "piercing of the corporate veil".
12 February 2018
"US Spotlight" blog series: demystifying Swiss arbitration for the US litigator (Volume 10 of 10)
This blog series provides the US litigator with a practical understanding of Swiss arbitration. It compares a Swiss arbitral proceeding under the Swiss Rules of International Arbitration ("Swiss Rules"), though other rules, e.g., the International Chamber of Commerce ("ICC") Rules, are often used, with a dispute in US Federal District Court ("USDC").