Walder Wyss

Legal Guidance and Research / Experts / Organisations / Walder Wyss

1 Experts

Clear all filter

2 Contributions by Walder Wyss Experts

State immunity under Swiss law: jurisdiction, enforcement against state assets, and arbitration (ICSID/New York Convention)—acta iure imperii/gestionis and the sufficient Swiss connection requirement
PRACTICE NOTES
State immunity under Swiss law: jurisdiction, enforcement against state assets, and arbitration (ICSID/New York Convention)—acta iure imperii/gestionis and the sufficient Swiss connection requirement
Note: the Swiss cases referred to below are not reported by LexisNexis®. Introduction and the Structure of this Note The question of immunity arises most often in relation to diplomats, and also consular officials and employees. Immunity is enjoyed by foreign states; numerous intergovernmental and international organisations under headquarters agreements with the Swiss Confederation; the assets of foreign central banks; and state cultural property, whether brought to Switzerland with or without a return guarantee. No immunity applies to foreign state-owned enterprises or to ordinary foreign state-owned banks. Immunity operates solely as a shield. Where an individual, entity, or state benefits from it, the host state may neither exercise jurisdiction over them nor enforce against their assets. Nevertheless, they remain part of legal life and may choose to participate in legal transactions within this forum. Swiss law, like most systems,
Arbitration
Switzerland: Jurisdiction challenges in arbitration; courts’ refusal of anti-suit/anti-arbitration relief; enforcing arbitration agreements, damages risk, tribunal anti-suit powers, and key PILA/CCP reforms (2021–2025)
PRACTICE NOTES
Switzerland: Jurisdiction challenges in arbitration; courts’ refusal of anti-suit/anti-arbitration relief; enforcing arbitration agreements, damages risk, tribunal anti-suit powers, and key PILA/CCP reforms (2021–2025)
Note: the Swiss cases mentioned below are not included in LexisNexis® reports. Introduction Swiss domestic and Swiss international arbitration Swiss law draws a line between domestic and international forms of ‘Swiss’ arbitration. The former is set out in Part 3 of the Swiss Code of Civil Procedure of 19 December 2008 (the ‘Swiss CCP’; minor revisions to Part 3 most recently took effect on 1 January 2025), while the latter is governed by Chapter 12 of the Swiss Private International Law Act of 18 December 1987 (the ‘PILA’; overhauled in 2021). Each framework addresses largely the same topics as the UNCITRAL Model Law on International Commercial Arbitration of 1985, as amended in 2006 (the ‘Model Law’), yet neither follows the Model Law’s architecture, preserving their autonomy and distinctive character. Swiss arbitration legislation applies solely to proceedings seated in Switzerland, which
Arbitration
If you expected to see yourself on this page, click here.