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Swiss Contract Law in International Commercial Arbitration

Swiss Contract Law in International Commercial Arbitration

Swiss Contract Law in International Commercial Arbitration

A Commentary
Author:
Christoph Müller, Université de Neuchâtel, Switzerland
Published:
August 2023
Availability:
This ISBN is for an eBook version which is distributed on our behalf by a third party.
Format:
Adobe eBook Reader
ISBN:
9781108383738

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    This book provides a systematic presentation of the most important commercial contracts under Swiss law, i.e., the contract of sale, the contract for work and services, the simple mandate contract, and the commercial agency contract, as well as the licence agreement, the exclusive distribution agreement, and the settlement agreement. The book also contains an in-depth introduction of the Swiss law of obligations, covering topics such as the fundamental principles of contract law, the obligation (as the effect of the contract), the formation of contracts, contract interpretation, validity of contracts, agency, general terms and conditions, and breach of contract. After English law, Swiss law is deemed to be the most attractive law applicable to the parties' contract in an international context. At the same time, English is usually chosen as the language of the arbitration proceedings. This book will therefore be an indispensable resource for all English-speaking lawyers interested in international commercial arbitration.

    • Offers a detailed and systematic presentation of one of the most important Civil Law legal systems in international commercial arbitration
    • Presents the most important contracts under Swiss law in international commerce
    • Includes a list of all legal terms in English, German, French and Italian

    Reviews & endorsements

    ‘Müller’s book is obviously a must-have for all those involved in disputes over contracts governed by Swiss law (arbitrators and counsel alike).’ Matthias Scherer, Editor in Chief of the ASA Bulletin

    ‘With his English-language presentation, Müller offers foreign arbitration practitioners in particular a concise and well-founded insight into the Swiss civil law system, which is so popular in arbitration proceedings. Thanks also to the support of Pearson-Wenger, the work appeals equally to civil and common law lawyers. This makes the work unique on the market. It is both an integral part and the key to the international success of Swiss contract law and greatly facilitates the understanding and handling of Swiss law for non-Swiss law trained lawyers - whether in connection with arbitration proceedings or not.’ German Arbitration Journal

    ‘By making Swiss contract law more accessible to a broader audience of international practitioners … the book will only further the popularity of Swiss substantive law to govern international commercial transactions. The reviewers, therefore, have no doubt that this book is a highly relevant and useful tool which fills an important void in the market, and congratulate Professor Christoph Müller and Sabrina Pearson-Wenger, on this impressive treatise.’ Nadja Al Kanawati and Daniella Anthony, Journal of International Arbitration

    ‘The book is a well-made reference work that is written in a comprehensible manner and, thanks to the numerous references and literature recommendations, is more than just a good starting point for dealing with Swiss law. If you are involved as counsel or arbitrator in arbitral proceedings in which Swiss substantive law applies, Swiss Contract Law in International Commercial Arbitration is not only worth buying, but also worth reading.’ Transatlantic Law Journal

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    Product details

    August 2023
    Adobe eBook Reader
    9781108383738
    0 pages
    This ISBN is for an eBook version which is distributed on our behalf by a third party.

    Table of Contents

    • Part I. Introduction:
    • 1. The importance of Swiss law in international arbitration
    • 2. Introduction to Swiss law in general
    • 3. Introduction to Swiss Contract Law
    • Part II. Contracts of Disposition:
    • 4. Contract of sale
    • Part III. Service Contracts:
    • 5. Contract for work and services
    • 6. Simple mandate contract
    • 7. Commercial agency
    • Part IV. Innominate Contracts:
    • 8. Innominate contracts in general
    • 9. Licence agreement
    • 10. Exclusive distribution agreement
    • 11. Settlement agreement.
      Author
    • Christoph Müller , Université de Neuchâtel, Switzerland

      Christoph Müller is Professor in private law (teaching Specific Contract law, Contract Drafting, Comparative Private Law and Tort law) at the Faculty of Law of the University of Neuchâtel in Switzerland; Vice-president of the Swiss Arbitration Association (ASA); Fellow of the Chartered Institute of Arbitrators (FCIArb); and presiding, sole and co-arbitrator, as well as legal expert in more than 200 international and domestic arbitrations (ICC, Swiss Rules, LCIA, SCC, UNCITRAL, TAS, WIPO, ad hoc).