Resolve Contractual Disputes in Switzerland
Resolve Contractual Disputes in SwitzerlandUpdated on Monday 25th July 2016
Rate this article
based on 1 reviews.
based on 1 reviews.
Business relationships and any other type of actions which require signing various contracts should be verified in great detail. It is important to know that a contract follows the applicable legislation. At the same time, it is necessary to know the stipulations referring to the rights and obligations of the parties involved and the legal consequences of the above-mentioned. At times, due to a misunderstanding or the lack of a certain provision, the parties may enter in a contractual dispute. This can also happen when one of the contracting parts breaches the agreement. Our team of Swiss attorneys can offer legal assistance for a suitable solution in the situation of a contractual dispute.
Contractual disputes in Switzerland, resolved through arbitration
Contractual disputes can be resolved through arbitration, a very useful legal method for this type of conflicts. It is important to know that Switzerland represents one of the most important centres in Europe when referring to the resolution of international commercial arbitration. Moreover, Swiss cities, such as Geneva or Zurich, rank amongst the best cities for the ruling of various cases through arbitration.
Proceedings referring to contractual disputes are handled as civil matters, which follow the rules and regulations of the Swiss Civil Procedure Code, applicable in Switzerland since 1st of January 2011.
In the situation in which the parties involved in the contractual disputes do not reside in Switzerland, the court proceedings will be managed through the rules of the Swiss Private International Law Act; our team of Swiss lawyers can offer more details on the above mentioned Acts.
Limitation periods in Switzerland
The Swiss legislation, under the regulations of the Code of Obligation, states that bringing a claim to the court is limited by a certain period of time, in accordance with the category in which the case can be included.
As such, the Code of Obligation states a general limitation period of 10 years for all claims, but other period apply as follows:
• a five years period for claims referring to rent or various periodic payments, medical treatment, sale of foodstuffs, employment;
• a one year period for tort claims.
Persons interested in receiving more details on the ways in which a contractual dispute can be resolved in Switzerland may contact our Swiss law firm for legal representation.