Legal aspects in the development of prototypes
Prototypes are particularly common in the machine and software industry. As soon as your company contacts business partners, e.g. potential customers or development partners, regarding a prototype, your company's rights to the prototype must be well secured.
Export control clauses in confidentiality agreements
Many companies, particularly American companies, include clauses concerning export control law in their confidentiality agreements as standard. Is it delicate for a Swiss company to sign such clauses? This article examines this question.
Ombudsman scheme for financial services disputes in Switzerland – first Ombudsman’s offices recognised by the Federal Department of Finance
On 24 June 2020, the Federal Department of Finance finally recognised the first Ombudsman’s offices. Under the newly introduced FinSA, financial services providers must now join one of these recognized offices. It is to be expected that customers will frequently refer their cases to an Ombudsman in order to get a first assessment of their case and find an agreement with the service provider.
Webinar on Digital Justice in the era of Covid-19.
Our Partner, Nino Sievi, gave a presentation on the digitzation of the Swiss justice system and the effects of COVID-19 at a webinar organized by the English law firm Cooke, Young & Keidan LLP.
Blog series "Compliance" - today about the Corporate Responsibility Initiative (Konzernverantwortungsinitiative)
Lex Futura has steadily expanded its activities in the area of compliance due to many requests from customers in recent times and now publishes the knowledge and practical information in a new blog series. Today we report on whether Swiss companies already have to take precautions in connection with the "Corporate Responsibility Initiative" ("Konzernverantwortungsinitiative").
Ensuring the durability of consultancy agreements – Partial choice of law offers the solution
Under Swiss law, a mandate agreement may be terminated at any time. The relevant legal provision is of mandatory nature, which means that the fixed term of a mandate (e.g. consultancy contract) is of no significance. In the case of cross-border contracts, however, it is possible to circumvent this problem by subjecting the termination of the contract and its consequences to a different law. In this context one speaks of partial choice of law. This possibility may even be extended to purely national contracts by including an arbitration agreement. A consultant can thus secure the long-term nature of his mandate by drafting his contract with foresight and care. In doing so, he must make use of the possibilities offered by private international law and arbitration.