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Articles by Pascal Hachem
Antitrust Litigation in Switzerland 2026
1.1 Current Framework for Private Antitrust Litigation The basis of the legislative framework for antitrust litigation is the Federal Act on the Amendment of the Swiss Civil Code of 30 March 1911 (the “Swiss Code of Obligations”; CO) and the Swiss Civil Procedure Code of 19 December 2008 (the “Civil Procedure Code”; CPC). These two laws are complemented by certain provisions in the Federal Act on Cartels and other Restraints of Competition of 6 October 1995 (the “Cartel Act”; CartA).
International Arbitration 2026
In Switzerland, international arbitration is governed by Chapter 12 of the 1987 Private International Law Act ("PILA"), which is known as the Swiss Arbitration Act. According to Article 178(1) PILA, an arbitration agreement is valid if it is made in writing or by any other means of communication allowing it to be evidenced by text.
International Arbitration In Switzerland 2026 | Key Trends
Pascal Hachem’s articles from Bär & Karrer are most popular: with readers working within the Retail & Leisure industries Bär & Karrer are most popular: within Corporate/Commercial Law, International Law and Privacy topic(s) Switzerland remains a leading destination for international arbitration, offering a stable legal framework, experienced practitioners and a well-established, arbitration-friendly approach.
International Arbitration in Switzerland 2026 | Key Trends
Switzerland remains a leading destination for international arbitration, offering a stable legal framework, experienced practitioners and a well-established, arbitration-friendly approach. Recent developments in Swiss arbitration and Swiss arbitration law highlight how geopolitical uncertainty, supply chain disruptions and economic sanctions continue to shape international disputes. Switzerland remains one of the world's most reliable and sophisticated arbitration hubs.
Swiss Federal Supreme Court's Decision Of 13 March 2026 (4A_305/2025) On Effect Of Sanctions On The Enforcement Of Claims In Switzerland
Bär & Karrer are most popular: within Insurance, Privacy, Food, Drugs, Healthcare and Life Sciences topic(s) The Swiss Federal Supreme Court (“SFC”), during debt collection proceedings initiated by a party controlled by a sanctioned entity, decided that enforceability of the debt to the enforcing party is suspended as a result of the prohibition to directly or indirectly make funds available to a sanctioned entity under article 15(2) of the Federal Ordinance on Measures in Connection with the...
Swiss Federal Supreme Court's Decision of 13 March 2026 (4A_305/2025) on Effect of Sanctions on the Enforcement of Claims in Switzerland
The Swiss Federal Supreme Court (“SFC”), during debt collection proceedings initiated by a party controlled by a sanctioned entity, decided that enforceability of the debt to the enforcing party is suspended as a result of the prohibition to directly or indirectly make funds available to a sanctioned entity under article 15(2) of the Federal Ordinance on Measures in Connection with the Situation in Ukraine (“Ukraine Ordinance”).
Switzerland's Proposed New Framework For Corporate Sustainability
Vera Naegeli’s articles from Bär & Karrer are most popular: within Corporate/Commercial Law topic(s) with readers working within the Consumer Industries industries Bär & Karrer are most popular: within Intellectual Property, Insurance and Privacy topic(s) On 2 April 2026, the Swiss Federal Council published the preliminary draft for a Federal Act on Sustainable Corporate Governance (Bundesgesetz über die nachhaltige Unternehmensführung, NUFG).
Written Skills in Arbitration
6 February 2026 | Speaking Engagement Written Skills in Arbitration 6 February 2026 | Speaking Engagement Written Skills in Arbitration
The New In-House Legal Privilege Legal Insight Series On The Revision Of The CPC Entering Into Force On 1 January 2025: Part 1
BK Bär & Karrer More Bär & Karrer is a renowned Swiss law firm with more than 170 lawyers in Zurich, Geneva, Lugano and Zug. Our core business is advising our clients on innovative and complex transactions and representing them in litigation, arbitration and regulatory proceedings. Our clients range from multinational corporations to private individuals in Switzerland and around the world.
The EU Corporate Sustainability Due Diligence Directive (
On 24 April 2024, the European Parliament approved the Corporate Sustainability Due Diligence Directive ("CS3D"). This marks the end of a yearslong legislative process fraught with domestic and international political machinations at all stages of the negotiations. CS3D's scope also covers companies outside of the EU, including Swiss companies, subject to certain thresholds in revenue these companies generate in the EU.
The EU corporate sustainability due diligence directive ("cs3d") an overview
On 24 April 2024, the European Parliament approved the Corporate Sustainability Due Diligence Directive ("CS3D"). This marks the end of a yearslong legislative process fraught with domestic and international political machinations at all stages of the negotiations. CS3D's scope also covers companies outside of the EU, including Swiss companies, subject to certain thresholds in revenue these companies generate in the EU.
International Arbitration 2023 - Arbitration & Dispute Resolution - Switzerland
1.1 What, if any, are the legal requirements of an arbitration agreement under the laws of your jurisdiction? In Switzerland, international arbitration is governed by Chapter 12 of the 1987 Private International Law Act ("PILA"), which is known as the Swiss Arbitration Act. According to Article 178(1) PILA, an arbitration agreement is valid if it is made in writing or by any other means of communication allowing it to be evidenced by text.
International Fraud & Asset Tracing 2022
1. FRAUD CLAIMS 1.1 General Characteristics of Fraud Claims In Switzerland, the concept of fraud carries a predominantly criminal connotation, as an offence punishable under the Swiss Criminal Code (SCC). Beyond this strict definition of fraud, however, a number of other causes of action available under Swiss law also include components of fraudulent and/or injurious conduct. Briefly outlined below are the various key avenues available to a victim of such fraudulent behaviour under Swiss law.
Quantification of damages in post-M&A disputes under Swiss law
A recurring issue in post-M&A disputes is the quantification of damages. If, for example, the share price paid by the buyer in a share deal turns out to be inflated, the buyer must prove both the existence and the amount of the incurred damage in a sufficiently concrete and substantiated manner in order to prevent the dismissal of its damages claim by a court or arbitral tribunal.
International Fraud & Asset Tracing 2021
To print this article, all you need is to be registered or login on Mondaq.com. 1. FRAUD CLAIMS 1.1 General Characteristics of Fraud Claims In Switzerland, the concept of fraud carries a predominantly criminal connotation, as an offence punishable under the Swiss Criminal Code (SCC). Beyond this strict definition of fraud, however, a number of other causes of action available under Swiss law also include components of fraudulent and/or injurious conduct.
Admissibility Of Internal Investigation Interview Minutes As Evidence In Criminal Proceedings: New Swiss Federal Supreme Court Decision - Litigation, Mediation & Arbitration - Switzerland
To print this article, all you need is to be registered or login on Mondaq.com. In its recently released decision 6B_48/2020, 6B_49/2020 of 26 May 2020, the Swiss Federal Supreme Court ("FSC") held that art.
Html.Raw(Disruption To Contracts Resulting From COVID-19 And Governmental Measures - Coronavirus (COVID-19) - Switzerland)
To print this article, all you need is to be registered or login on Mondaq.com. The continued spread of COVID-19 and governmental measures to combat the pandemic will inevitably disrupt contracts. They will do so in different ways, and depending on the specific situation, various legal concepts may apply.
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