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All articles by Dr. iur. Irma Ambauen

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.

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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. Industry and trade associations are rightly calling on their members to reach amicable solutions. Whilst this will be possible in many cases, it must be assumed that numerous disputes will have to be adjudicated by a neutral body. Private arbitration can help to deal efficiently with this increased need for decisions. Arbitral tribunals can issue binding decisions swiftly, and thus ensure legal certainty between the parties within a relatively short space of time.

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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. It applies from 19 March 2020 until 4 April 2020 and extends to the entire territory of Switzerland. The ordinary debt enforcement holiday suspensions appliesfrom 5 April 2020 until Sunday 19 April 2020. No debt enforcement procedures will in principle be carried out during the suspension of limitation periods and during debt enforcement holiday suspensions, i.e. no payment orders will for instance be served. However, exceptions from this rule are permitted, in particular in relation to non-deferrable actions in order to secure assets.

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