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Pair.fact § Legal News

Pairfact Legal AG informs Pair.fact. This name says it all. Facts and examples or experiences are presented in "pairs" in order to arouse understanding among non-lawyers and to simply present the often complicated issues. The team always has opinions that come to light in the blogs and vlogs.

The specialists at Pairfact Legal AG also publish specialist articles for other lawyers, which can also be found here.

Interesting decision of the Swiss Federal Supreme Court on the statute of limitations.

At issue in case 4A_428/2020 of 01.04.2021 was the treatment of the statute of limitations during the appeal process. After extensive study of the existing literature and case law, it decided in a pleasingly concise manner:   "... according to Art. 138 para. 1 CO, the statute of limitations does not begin to run anew until all regular methods of appeal have been exhausted."

Why Choose Arbitration

Arbitration is an alternative dispute resolution where contesting parties agree to a neutral third party’s ruling (called an award) after hearing arguments and reviewing evidence. This award may be enforceable and binding. Arbitration is a confidential process in which both parties present evidence to support their claim.

BGE 4A_124/2020

In its judgement of November 13, 2020, the Swiss Federal Supreme Court ruled on the admissibility of extending an arbitration clause to a third party in an international arbitration matter.

BGE 4A_19/2020 - The Federal Court's considerations regarding the deletion of the company from the Commercial Register and its effects on the assignment creditors

In the following, the ruling of the Federal Court of Justice of August 19, 2020 will be explained. In this new decision, the Federal Supreme Court dealt on the one hand with the effects of the deletion of a stock corporation from the Commercial Register after bankruptcy proceedings have been opened against it. With regard to the effects, the Federal Court had to deal in particular with the consequences of the deletion for the creditors of the bankruptcy estate. On the other hand, the decision deals with a more well-knownissue, namely the liability of the bodies of a joint-stock company under the company law.