Publications

Special Edition on contract law and bridging loans: The coronavirus (COVID-19) and the associated conditions give rise to new legal questions, the answers to which pose a difficult challenge for experts. In view of the highly complex situation, our goal is to provide information on the legal issues as simply as possible. In this special edition of krfacts, contract law (I.) and the bridging loans granted by Federal Council Ordinance (II.) are presented.

Dr. iur. Markus Kaufmann, Luca Eigensatz

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.

Dr. iur. Irma Ambauen, Hubert Rüedi

The measures adopted by the Federal Council in order to protect the general public in relation to the spread of the Coronavirus also have implications for operators in the healthcare sector. In this issue of krfacts we would like to provide you with information concerning 1) the postponement of non-urgent procedures and treatment; 2) export controls onprotective equipment; 3) the supply of important medical products; and 4) advance healthcare directives.

Andrea Meule

Please find below the most important information to short-time work. In addition, you will find in blue the changes as of 17 April 2020 concerning persons at high risk.

Raffael Steger

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.

Dr. iur. Irma Ambauen, Dr. iur. Davide Pinelli

On 26 March 2020, as a result of the Coronavirus the Ordinance on the Grant of Loans and Joint and Several Loan Guarantees (COVID-19 Ordinance on Joint and Several Loan Guarantees) entered into force. According to this Ordinance, businesses are to be provided with sufficient liquidity through bridging loans in order to be able to cover their fixed costs, despite the revenue losses caused by the Coronavirus. Alongside the measures relating to reduced working hours and COVID loss of earnings compensation in order to cover salary costs, which have already approved by the Federal Council, these additional measures offer a comprehensive package of measures to avert the economic consequences of the Coronavirus pandemic.

Dr. iur. Davide Pinelli, Dr. iur. Markus Kaufmann

The Coronavirus has a firm grip on our everyday lives at the moment. In order to prevent the spread of the Coronavirus, the Federal Council has issued various ordinances, and it is still not certain whether further more stringent measures will subsequently be adopted. The measures issued are already having effects on various areas of the law, such as for instance reduced working hours compensation. Construction and property law has also been affected by the measures adopted by the Federal Government in order to prevent the spread of the Coronavirus.

Dr. iur. Davide Pinelli, Mathias Birrer

On March 25, 2020 and March 27, 2020, the Federal Council adopted further measures to combat the economic consequences of the spread of the Coronavirus (COVID-19). This update provides a brief overview and a core summary of the individual measures adopted. This list is not intended to be comprehensive.

Raffael Steger

Since the adoption by the Federal Council of the Ordinance on Measures to Combat the Coronavirus (COVID-19) of 28 February 2020, the effects on the Swiss economy have become immediately apparent. A number of legal questions have arisen, for instance in relation to reduced working hours compensation and loss of earnings compensation, debt enforcement and bankruptcy law, the law of civil and administrative procedure, general labour law as well as contract law. An assessment of a number of labour law issues is already available in our previous krfacts issue “Labour Law and COVID-19”. This issue will briefly summarise several selected questions regarding the issues mentioned above.

Raffael Steger

The Swiss Federal Council entered the Ordinance on the Control of Coronavirus (COVID-19) of 28 February 2020 into force and the effects on the Swiss economy were felt immediately. Contractual relations are particularly affected and various questions have arisenin the area of labour law. In addition to the operational measures that are necessary, the most important questions regarding the employment contract are briefly summarised below.

Andrea Meule, Raffael Steger