Best Commercial Litigation Lawyers in Switzerland

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Chlup Legal Services

Chlup Legal Services

15 minutes Free Consultation
Basel, Switzerland

Founded in 2015
10 people in their team
English
German
Commercial Litigation Antitrust Litigation
Here to HelpGoing through a divorce is difficult even without having to face critical life decisions regarding child custody and support, and asset and property division. It’s essential to find an experienced, trustworthy lawyer to protect your and your children’s future. To find a lawyer that...
PBM Attorneys-at-law

PBM Attorneys-at-law

15 minutes Free Consultation
Geneva, Switzerland

Founded in 2020
20 people in their team
English
French
Spanish
Lawsuits & Disputes Commercial Litigation Ethics and Professional Responsibility +2 more
PBM Attorneys-at-law is a law firm in which all partners share a common philosophy and objective.Our core value: Offering the best solutions according to the unique circumstances of those whose interests we have the honor of defending.We serve our clients effectively by tailoring our advice,...
SWISS LAW INTERNATIONAL
Zurich, Switzerland

Founded in 1998
10 people in their team
Italian
German
English
Spanish
Commercial Litigation Restructuring & Insolvency Antitrust Litigation
Welcome to our site!We are your experts in foreign law and immigration and present you directly here with a variety of interesting services. This enables us to assist you with all legal problems and inconveniences and to ensure that everything runs smoothly. Together with us, you are always on the...
KBW Kanzlei Bern West
Bern, Switzerland

Founded in 2000
English
KBW Kanzlei Bern West, located in the heart of Bümpliz, Bern, offers a comprehensive range of legal services tailored to meet diverse client needs. With over 40 years of tradition, the firm has built a reputation for delivering high-quality, discreet, and service-oriented legal solutions. Their...

English
CAP Rechtsschutz Kundenrechtsdienst Basel stands out in the Swiss legal landscape as a leading provider of legal protection services, particularly in the fields of insurance agency, general legal practice, and comprehensive legal services. The firm’s deep-rooted experience in handling complex...
Bern, Switzerland

English
Lexwise is a dedicated law firm located in Bern, Switzerland, committed to translating complex legal matters into practical, life-oriented solutions. The firm offers comprehensive legal advice and representation across various areas, ensuring that clients receive realistic and sustainable outcomes...
Burg Inkasso AG
Schaffhausen, Switzerland

English
Burg Inkasso AG, based in Schaffhausen, Switzerland, has over 50 years of experience in debt collection and receivables management. The firm offers a comprehensive suite of services, including national and international debt collection, creditworthiness assessments, and loss certificate management....
THEVOZ Attorneys LLC
Lausanne, Switzerland

Founded in 2015
50 people in their team
Romansh
Italian
French
German
English
THEVOZ LAWYERS GROUPWith the effect of globalization, many companies and individuals today face international challenges. Based on this observation, Me Thévoz, founder of the THEVOZ Avocats Group, wishes to develop an international law firm present in Europe and the United States in order to best...

English
Rechtsanwalt Dr. iur. David Gibor, based in Zurich, Switzerland, specializes in criminal defense law, offering comprehensive legal services in general criminal law, white-collar crime, criminal procedure, and victim assistance law. With a legal career spanning over two decades, Dr. Gibor has held...
Baker & McKenzie
Zurich, Switzerland

Founded in 1949
10,000 people in their team
Romansh
French
Italian
German
English
Baker McKenzie advised ClinChoice Medical Development on the acquisition of CROMSOURCE S.r.l., an ISO-certified, full-service contract research organization with corporate headquarters in Verona, Italy and with operational subsidiaries in the US and seven countries throughout Western and Eastern...
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About Commercial Litigation Law in Switzerland

Commercial litigation in Switzerland refers to legal disputes arising out of business and commercial relationships. This field covers matters such as breach of contract, shareholder disagreements, competition law, insolvency issues, and disputes involving mergers and acquisitions. Switzerland has a robust legal system that provides both national and international businesses with a reliable forum for resolving complex commercial disputes. Litigation can take place before cantonal courts or, in some cases, before the Swiss Federal Supreme Court. Arbitration is also a common method for resolving commercial disputes in Switzerland, but court litigation remains an essential tool for resolving business conflicts.

Why You May Need a Lawyer

Engaging a lawyer with experience in commercial litigation can be critical when you face complex legal issues that affect your business. Common situations where you may need legal help include:

  • Disputes over commercial contracts
  • Claims involving unfair competition or intellectual property rights
  • Partnership or shareholder disputes
  • Debt recovery or insolvency proceedings
  • Disagreements following mergers or acquisitions
  • Professional negligence or liability claims
  • Defense against regulatory enforcement actions
  • Cross-border commercial disputes involving foreign parties

A skilled lawyer can help guide your business through the legal process, build a strong case, negotiate settlements, and represent you effectively in court or in alternative dispute resolution processes.

Local Laws Overview

There are several important aspects of Swiss law to consider in the context of commercial litigation:

  • Swiss Civil Procedure Code (CPC): The CPC governs the rules and procedures for civil and commercial litigation in Switzerland, including jurisdiction, evidence, and appeals.
  • Jurisdiction: Commercial disputes are generally heard by the competent cantonal courts. For cases with significant monetary value, or that concern registered companies, the Commercial Courts in Zurich, St. Gallen, and Berne may have exclusive competence.
  • Language: Proceedings can be conducted in German, French, or Italian, depending on the canton.
  • Costs: Each party typically bears court costs and their own legal fees, though the losing party may be required to reimburse the winning party for some expenses.
  • Evidence: Swiss courts emphasize written evidence. Witness testimony and expert opinions are also used, though less frequently than in some other jurisdictions.
  • Enforcement: Swiss law provides clear procedures for enforcing domestic and international judgments, as well as arbitral awards.
  • Limitation periods: Deadlines for bringing commercial claims vary by the nature of the dispute but are generally prescribed by the Swiss Code of Obligations.

Frequently Asked Questions

What is commercial litigation?

Commercial litigation refers to the legal process for resolving disputes that arise in a business context, such as contract breaches, business torts, regulatory issues, and partnership disputes.

How does the Swiss legal system handle commercial disputes?

Commercial disputes are handled primarily by cantonal courts, though specialized Commercial Courts exist in certain cantons. Many contracts also include arbitration clauses, and Switzerland is a popular seat for international arbitration.

Do I need to appear in court personally?

In most cases, parties are represented by lawyers and do not need to appear in person, though personal attendance may be required for specific hearings or testimony.

What are the typical costs involved in commercial litigation in Switzerland?

Costs can include court fees, legal fees, and expenses for expert witnesses or translations. The losing party is often required to cover some of the prevailing party’s costs, but the exact amounts can vary.

How long does commercial litigation usually take?

Duration can vary widely depending on the complexity of the case, the court’s schedule, and whether appeals are filed. Simple cases may resolve in months, while complex disputes can take years.

Is it possible to settle a dispute out of court?

Yes. Settlement through negotiation or mediation is common and encouraged by Swiss law, which also offers mechanisms for court-approved settlements.

Are Swiss court judgments enforceable internationally?

Yes, in most cases. Switzerland is party to several international treaties, and its judgments are generally enforceable in other jurisdictions that have reciprocal arrangements.

How does Swiss law treat evidence in commercial disputes?

Swiss courts mainly rely on written evidence. Expert reports and witness testimonies may be used but require prior court approval.

Can foreign companies litigate in Swiss courts?

Yes. Foreign companies have access to Swiss courts, provided the local court has jurisdiction over the dispute based on contract terms or the Swiss Civil Procedure Code.

What happens if I lose a commercial lawsuit?

If you lose, you may be required to pay damages, legal costs, and court fees. In some cases, you may appeal the decision to a higher court.

Additional Resources

Several organizations and resources can help individuals and businesses seeking legal advice on commercial litigation in Switzerland:

  • Swiss Bar Association (SBA) - provides lawyer referrals and legal guidance
  • Swiss Chamber of Commercial Mediation
  • Federal Office of Justice - information on Swiss civil law procedures
  • Cantonal Commercial Courts - such as those in Zurich, St. Gallen, and Berne
  • Swiss Arbitration Association - for alternative dispute resolution methods
  • Chambers of Commerce - regional advice and resources for businesses

Next Steps

If you are facing a commercial dispute or anticipate litigation in Switzerland, consider taking the following steps:

  • Gather all relevant documents, correspondence, and evidence related to the dispute
  • Consult with a qualified commercial litigation lawyer who understands Swiss law
  • Discuss all possible routes, including negotiation, mediation, arbitration, or court action
  • Consider the costs and potential outcomes before proceeding
  • Act promptly to avoid missing limitation periods for filing your claim

Receiving professional advice at an early stage can help protect your interests and improve your chances of a favorable outcome. If needed, reach out to local legal organizations or the Swiss Bar Association for referrals to experienced practitioners.

Lawzana helps you find the best lawyers and law firms in Switzerland through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Commercial Litigation, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in Switzerland - quickly, securely, and without unnecessary hassle.

Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.