Litigation
Civil procedure law, international private law
Our experienced lawyers advise and represent corporations, entrepreneurs as well as individuals in civil, criminal and administrative proceedings before state courts and authorities.
The assessment of opportunities and risks of a proceeding is a central aspect in the development of the litigation strategy together with our clients. Thereby, we include economic aspects as well as case-specific and local characteristics in our assessment.Using our expertise, experience and tactical skill, we always strive to attain our clients’ objectives and obtain the best possible outcome for them.
Representation before courts and authorities
We represent our clients before all Swiss courts and authorities. In order to achieve the best possible result for you, even in complex matters, we use our resources, our well-founded expertise as well as our years of experience efficiently to your benefit.
In particular, we advise and support you concerning the following topics:
- Civil disputes (e.g. marriage protection, divorce, inheritance disputes, rental disputes)
- General commercial disputes (e.g. agency contract, sale contract, contract for work and services)
- Disputes in corporate related matters (e.g. M&A disputes, directors’ liability, shareholders’ agreements)
- White collar crime proceedings (e.g. embezzlement, fraud)
- Intellectual property litigation (e.g. trademark, copyright)
- Labor law disputes (e.g. wage claims, abusive dismissal, non-competition, mobbing)
- Disputes in debt collection and bankruptcy matters (e.g. ranking of creditors procedure, fraudulent conveyances, freezing orders, attachment and enforcement of assets)
- Precautionary legal protection and provisional measures
- Enforcement of judgments and arbitral awards
Dispute avoidance, out of court settlements and contract drafting
We support our clients in the avoidance of disputes and proceedings by developing and executing strategies to avoid litigation as well as settle disputes out of court, in particular by way of out of court settlement. Our lawyers already advise you in the context of the contract drafting with the aim to prevent and avoid future disputes between the parties.
Your Experts
Patrick Stach
Senior Partner
Michael Kummer
Senior Partner
Sheila Stach
Junior Associate
Reto Kuoni
Junior Associate
Filip Lapadatovic
Junior Associate
Focus
Protection of Possession against unlawful interference with land
The amendments to the Swiss Civil Code (CC) and the Swiss Civil Procedure Code (CPC) concerning the protection of possession against unlawful interference with land will enter into force on 1 July 2026. Their purpose is to strengthen the legal position of landowners, particularly in cases of unlawful occupation (squatting). This is to be achieved by expanding the right of self-help. In addition, a new procedural instrument is introduced through Article 260a CPC.
The Blocking Period for Termination in Tenancy Law
Landlords involved in a tenancy dispute with a tenant should be aware of the consequences of an amicable settlement: a settlement—whether reached before the conciliation authority, before a court, or out of court—generally triggers a three-year blocking period for termination to the detriment of the landlord. Overlooking this results in the landlord losing the ability to terminate the tenancy by ordinary notice for three years. This may, not least, constitute an obstacle in the event of a sale.
Eviction of tenants from the landlord’s perspective
If a tenant does not vacate the rental property after a valid termination of the lease, landlords often take matters into their own hands by, for example, changing the locks. However, such measures are unlawful and frequently result in civil and criminal proceedings.
Therefore, the landlord’s claim for the return of the rental property must be enforced through legal action and presupposes that the tenant remains in possession of the property without a right to use it. Depending on the specific facts and legal situation, the procedural enforcement of this claim must be approached differently.
