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Decisions of the SCAI on the constitution of an arbitral tribunal and the appointment of an arbitrator are not subject to separate appeal

26.02.2019

Arbitration

According of the Swiss Code of Civil Procedure, only the final arbitral awards by which an arbitral tribunal upholds, dismisses or rejects a claim in whole or in part, as well as partial arbitral awards by which a quantitative part is adjudicated and interim arbitral awards by which a preliminary question is decided may be challenged the Federal Supreme Court.

Prohibition of reimbursement of Nursing home costs ("Pflegeregress") that occurred before 01.01.2018

26.02.2019

Health Law

The “Pflegeregress”, which has been waved since 01.01.2018, had for consequence that assets of the person who admitted to care facilities and as well their heirs had to contribution to the care costs.

Bias of an arbitrator due to a "Facebook friendship"

26.02.2019

Arbitration

Art 6 ECHR provides for the general right to assert the bias of a judge if his independence and impartiality are not undoubtedly certain.

Limitation period does not begin until knowledge of the circumstances

26.02.2019

Health Law

The period of limitation begins in the case of medical malpractice only with knowledge that such had occured.

The co-tenant may not demand payment for the abandonment of his rental rights

26.02.2019

Construction and Real Estate Law

According to the Tenancy Law, it is considered as an inadmissible one-off payment if the new tenant has to render a service to the previous tenant or the landlord without equivalent consideration.

Damages resulting from manipulated software in diesel cars

26.02.2019

Commercial Law Civil Law

The damage in case of purchasing a car with manipulated software results either from the fact that the deceived party has concluded an unfavourable contract as a result of fraud or in therein that the buyer has not entered into another advantageous contract.