Swiss Contract Law

The Latest Case Law on Swiss Commercial Contracts

Case Law

Conflicting choice of forum clauses contained in a contract and its general terms and conditions: which clause prevails?

A choice of forum clause contained in the contract itself prevails over conflicting clauses contained in the parties’ general terms and conditions.

Buyer beware… of the goods description

Agreed qualities and good faith expectations of the Buyer in the sale of goods that can be used for multiple purposes.

Obligation of a contracting party to act against its own interests?

The general principle of good faith does not establish an ancillary obligation requiring the seller in a real estate transaction to act against his or her own interests or prevent the buyer from needing to pay tax on the sale

Termination and set-off of a loan agreement: who, when and how?

Termination of a loan agreement and conditions of set-off in case of assignment of the claim.

Arbitration or state courts? The material limits of an arbitration clause that concerns the interpretation and application of a contract

Legal proceedings initiated in order to enforce a loan contract fell outside the (narrow) scope of an arbitration clause that was limited to the interpretation and application of the relevant agreement.