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Private International Law
The export industry is of great importance to Switzerland. The country has a long-standing tradition of international transactions and business relations. Against this background, private international law plays a major role in Switzerland. Although private international law applies within an international context, it is predominantly national (civil) law. This book provides a practical introduction to Swiss private international law and an overview of the relevant rules governing the international jurisdiction, the applicable law, and the recognition and enforcement of foreign judgements in Switzerland. (Series: Swiss Law in a Nutshell)
Drittstaatenproblematik des europäischen Zivilverfahrensrechts
English summary: Pascal Grolimund deals with the application of the Lugano and Brussels Conventions in legal relations with non-signatory countries. In particular, the function of both Conventions in the European Economic Area, as well as international human rights, are dealt with in detail in this work. German description: Der Terminus 'Drittstaatenproblematik' entstammt dem Bereich des Volkerrechts. Er steht dort fur die Frage, ob und inwieweit Nichtvertragsstaaten aus einer staatsvertraglichen Vereinbarung zwischen zwei oder mehreren anderen Staaten berechtigt und verpflichtet sein konnen. Auch die Lehre zum europaischen Zivilverfahrensrecht benutzt diesen Begriff, hier, um Problemstellun...
Dealing with Bribery and Corruption in International Commercial Arbitration
International Arbitration Law Library, Volume 65 International commercial arbitration is by no means free from bribery and corruption. Although a plethora of legal scholarship clearly affirms this contention, a thorough study on the particularly important question of the authority and duty of international commercial arbitrators to investigate a suspicion or indication of bribery or corruption sua sponte ¬– that is, on their own initiative – has been surprisingly lacking. This important book fills this gap, inter alia, by locating sua sponte authority in the position of arbitral tribunals in establishing the facts of a case and ascertaining and applying the applicable normative standard...
The Carriage of Goods in Swiss Law
The Swiss legal regime differs considerably from the regimes of its neighbouring countries. Swiss law on the carriage of goods is based on the provisions of the Code of Obligations from the early 20th century. Some other laws, various ordinances and international conventions that govern different modes of transportation also apply. All this makes this field of law complex – not only for non-Swiss professionals. This book gives a comprehensive overview of the contract of carriage and the carriers' and freight forwarders' liability, the insurance of goods and of liability, the jurisdiction of Swiss courts and the possibilities of recourse actions. The Carriage of Goods in Swiss Law provides ...
Blockchain and Private International Law
The open access publication of this book has been published with the support of the Swiss National Science Foundation. Blockchain is the first global mechanism for the transfer and storage of value. Despite being conceived as an alternative to state and law, the technology and its use cases raise many legal questions, most notably, regarding jurisdiction and applicable law with respect to transactions and assets recorded on the blockchain. The issue is complex given the decentralised nature of the network. In this volume, academics and practitioners from various countries try to provide detailed answers to these questions as they relate to crypto-assets, cryptocurrencies, crypto derivatives,...
Blockchains, Smart Contracts, Decentralised Autonomous Organisations and the Law
The growth of Blockchain technology presents a number of legal questions for lawyers, regulators and industry participants alike. Primarily, regulators must allow Blockchain technology to develop whilst also ensuring it is not being abused. This book addresses the challenges posed by various applications of Blockchain technology, such as cryptocurrencies, smart contracts and initial coin offerings, across different fields of law. Contributors explore whether the problems posed by Blockchain and its applications can be addressed within the present legal system or whether significant rethinking is required.
General Clauses and Standards in European Contract Law
General clauses or standards (Generalklauseln, clauses generales) are legal rules which are not precisely formulated, terms and concepts which in fact do not even have a clear core. They are often applied in varying degrees in various legal systems to a rather wide range of contract cases when certain issues arise issues such as abuse of rights, unfairness, good faith, fairness of duty or loyalty or honesty, duty of care, and other such contract terms not lending themselves readily to clear or permanent definition. Here for the first time is a systematic discussion of this kind of rule in the evolving and dynamic context of European contract law. A collection of twelve insightful essays by l...
Capitalmarkets in the Age
28 authors discuss the current and future issues affecting investment, conduct of business rules, stock exchanges, trading and company law. Includes conflict of law issues; on-line trading; clearing and settlement systems; takeovers; and relevant soft law.
Deference in International Commercial Arbitration
In international arbitration, deference entails that one decision-maker does not make an autonomous assessment but limits its decision-making power out of respect for the decision or authority of another actor. For example, a court exercising post-award review might refrain from reviewing a question of procedure de novo but instead defer to a prior determination made by the arbitral tribunal. In this book, prominent arbitration practitioners and academics offer the first systematic analysis of such deference in international arbitration. With abundant reference to case law from major arbitration hubs, the analysis is organized around the three relationships in which questions of deference ar...
Corporate Governance and Corporate Social Responsibility: How to Tackle Environmental Imperatives in Company Law?
The book first discusses the concepts of corporate governance and corporate social responsibility (CSR) and provides a new framework to deal with these issues in the context of sustainability. It then explores the requirements of "an end state of global sustainability" and subsequently moves to a detailed analysis of the current governance regime, delving into the CSR-related liabilities and incentives at stake for both corporations and their directors. It concludes with a framework suggesting that there are four normative avenues for addressing environmental and social imperatives in company law, which helps reflect on how to tackle the "potentiality for a sustainability gap" in corporate g...
