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.

When Can I Choose Arbitration?

You have the constitutional right of access to courts . In order to NOT go to court, you can choose arbitration as an alternative. You and the other party decide on an arbitrator based upon the specific nature of your legal dispute.

The law allows both you and the other party to go to arbitration to settle your dispute – but only if both parties agree and must do so expressly. You can imagine that once a dispute or argument begins, it can be difficult for both parties to agree to anything.

The best way to ensure that both parties agree to arbitration is to make sure it is in the underlying contract. A commercial law attorney can draw up a contract that makes arbitration the required method of dispute resolution  

Arbitration is a great way to resolve differences but only if both parties agree – and arbitration is not always applicable for all legal situations. Need answers to your arbitration questions right away? Schedule a call with our team.

What Is Arbitration?

Arbitration is a method that may help you and the other party resolve your dispute without going to court. Instead of the expense and stress of a trial with a judge or a jury, arbitration allows you to reach a legal decision.

Arbitration does not  require a government appointed judge. You and other party usually select a neutral arbitrator with greater knowledge about the subject matter or area of law of your dispute.

Welcome to Arbitration Espresso

What is arbitration? How does it work? What happens when there are more than two parties involved? How can an arbitration clause help my business? Attorney and Pair.fact Legal Partner Lara Pair will answer these and more questions in our new video series Arbitration Espresso.

Arbitration Espresso is a collection of short, easy-to-understand videos designed to explain and demystify Arbitration. They're perfectly paired with an espresso or your beverage of choice.  

Do you want to discuss the specifics of your situation? Lara and her team are available to talk through them with you. Schedule a call by emailing Pair.fact Legal AG is an innovative law firm based in Zurich. Our lawyers represent clients with passion and sensitivity.

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.