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.

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15 August 2017

Can Swiss Parties provide evidence to a foreign court?

Blocking statutes, international judicial assistance, authorisations and exceptions

The Swiss blocking statute
Art. 271 of the Swiss Criminal Code (SCC) prohibits carrying out activities on behalf of a foreign state on Swiss territory without lawful authority, where such activities are the responsibility of a public authority or public official. In principle, the obtaining of evidence for court proceedings abroad constitutes the exercise of public powers pursuant to Swiss case law.

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