All articles by Dr. iur. Irma Ambauen
CH-D Wirtschaft 2/2025
International arbitration - Stumbling blocks in contract drafting
In international business transactions, many companies specifically opt for arbitration. It offers confidentiality, flexibility, and often advantages in terms of international enforceability. Careful contract drafting is essential to ensure that these advantages actually come into play in the event of a dispute. Particular attention should be paid to the arbitration clause. Contradictions, ambiguities, or gaps can lead to significant delays or even prevent proceedings altogether. This article highlights key stumbling blocks in the drafting of arbitration agreements in cross-border contracts.
KMU-Magazin No. 4/5, April/May 2025
EU digital policy and its impact on Switzerland
The EU has taken on a significant role in various areas, such as AI and platform regulation. This also has an impact on Switzerland. This article highlights a few of the EU's activities and their significance for Switzerland and Swiss companies without claiming to be exhaustive.
KMU Magazin No. 3, March 2025
Why business mediation makes sense
Business mediation is an alternative to state arbitration proceedings. However, conflicting parties have rarely used this alternative option to date. This article shows why this form of conflict resolution can be worthwhile for companies.
KMU Magazin No. 9, September 2024
Succession planning for owner-managed companies
In the course of succession planning for owner-managed companies, there are numerous factors to consider in addition to tax law. This article deals with some of the most important legal and non-legal aspects.
KMU Magazin No. 3, March 2024
How Arbitration/Conciliation actually works
"Arbitration before litigation" is firmly anchored in the Swiss culture of dispute resolution. In principleproceedings may only be initiated after the parties have attempted mediation. But what exactly does conciliation mean? What rules apply and what are the challenges?
KMU Magazin No. 4/5, April/May 2023
Statutory arbitration clauses as an opportunity for SMEs
Swiss corporations will be able to have corporate disputes decided by an arbitration court based in Switzerland as of January 1, 2023.
KMU-Magazin Nr. 04/05, April/May 2021
What the new data protection law means for SMEs
Even though many of the provisions of the new Federal Data Protection Act (FADPA) are not new, they have taken on a new significance, not least because of the expanded enforcement mechanisms. This article shows where Swiss SMEs need to take action.
krfacts Special Editon April 21, 2020
Disruptions to performance caused by the COVID-19 pandemic: private arbitral tribunals can decide in an efficient and adept manner
The COVID-19 pandemic is having major effects onthe economy both in Switzerland and further afield. Thousands of contracts now cannot be honoured at all, or at least not to the extent stipulated. There is uncertainty concerning the financial and legal consequences of such disruptions to performance. Arbitral tribunals can issue binding decisions swiftly, and thus ensure legal certainty between the parties within a relatively short space of time.
Special Edition April 17, 2020
COVID 19: Measures in insolvency and procedural law
On 18 March 2020, the Federal Council ordered an extraordinary suspension of limitation periods under debt enforcement and bankruptcy law. The ordinary debt enforcement holiday suspensions appliesfrom 5 April 2020 until Sunday 19 April 2020. However, exceptions from this rule are permitted.