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Fictitious self-employment in Switzerland

Supposedly self-employed service providers (eg, freelancers, contractors or subcontractors) in Switzerland are often, in fact, so-called “fictitiously self-employed persons”. As a result, the actual employer does not pay any social security contributions and there is a risk that the fictitiously self-employed person will not be covered by social protection for workers. When is there an […]

Switzerland: Aviation law guide 2018

This practical cross-border insight into aviation law includes the following questions:  What are the steps which air carriers need to take in order to obtain an operating licence? What are the principal pieces of legislation in your jurisdiction which govern air safety, and who administers air safety? Is air safety regulated separately for commercial, cargo and […]

Shareholders’ rights and obligations, Switzerland

Benedict F Christ, David Jenny, Reti Marghitola Types of companies 1.1 In general Swiss law distinguishes between two types of limited liability company, the company limited by shares or stock company (Aktiengesellschaft/société anonyme/società anonima)1 and the limited liability company (Gesellscha ft mit beschränkter Ha ftung GmbH/société à responsabilité limitée/società a garanzia limitata)2 which are available […]

The Hearing, part 2

“US Spotlight” blog series: demystifying Swiss arbitration for the US litigator (Volume 8 of 10) By Jim Nickovich Pre-hearing meeting The tribunal will hold a pre-hearing meeting with the parties a few weeks before the hearing. This may well be done over the phone, it is less imperative to make an in-person impression here as […]

Switzerland: a review of arbitration law

The ASA Bulletin is the official quarterly journal of the Swiss Arbitration Association. Since its inception in 1983 the Bulletin has carved a unique niche with its focus on arbitration case law and practice worldwide as well as its judicious selection of scholarly and practical writing in the field. Its regular contents include: Articles Leading cases […]

What must be considered before a start-up is incorporated? 10 FAQs

The formal incorporation of a company by a notary is clearly not the first step in a startup project. What do the founders have to pay particular attention to in this early phase? The VISCHER Startup Desk answers the 10 most frequently asked questions: 1. Our startup is not yet incorporated. Can we nevertheless conclude […]

Switzerland – contractual recognition of a stay on termination rights

By Jana Essebier, Seraina Tsering ISDA has launched the Swiss Module to the ISDA Resolution Stay Jurisdictional Modular Protocol The International Swaps and Derivatives Association, Inc. (ISDA) has launched a Swiss Jurisdictional Module (Swiss Module) to the ISDA Resolution Stay Jurisdictional Modular Protocol (Protocol). It provides Swiss banks and their counter parties with an efficient […]

Cedarlake acquires majority share of BMF

Cedarlake Private Equity Fund I, advised by Rantum Capital, has acquired from Argos Soditic Funds the majority of BMF Group AG, the world’s third-largest ropeway manufacturer with more than 320 employees in Switzerland. Vischer advised Cedarlake and Rantum. The team led by partner Dr. Robert Bernet comprised Dr. Peter Kühn, Sebastian Flückiger, Ruben Masar, Aron […]

Sexual harassment in the workplace

Employers in conflict between the duty to protect and the presumption of innocence By Nicole Brauchli-Jaegeneau, Marc Ph. Prinz, Anela Lucic At present, the topic is all over social media as part of the #metoo campaign. Employers confronted with such a harassment complaint generally have various disciplinary measures open to them. At the same time, […]

Evidence: demystifying Swiss arbitration for the US litigator

…The rules of evidence in Swiss arbitration are less exacting than the US Federal Rules of Evidence. The IBA Rules of the Taking of Evidence in International Arbitration are often used as a guideline with a determination of the admissibility, relevance, materiality, and weight of the evidence subject to the discretion of the tribunal. Art. […]

Multi-tier dispute resolution clauses in Switzerland

MDR-clauses provide for a (often tailor-made) dispute resolution mechanism, which includes different layers and methods. Each layer and method will be triggered only if and when the previous layer and method does not lead to a settlement. In the final layer, the dispute is usually submitted to state courts or arbitral tribunals for adjudication. Sometimes […]

Demystifying Swiss arbitration for the US litigator: Substantive pleadings

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, though other rules, e.g., the International Chamber of Commerce Rules, are often used, with a dispute in US Federal District Court. Substantive pleadings Several weeks after the organisational […]

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