BIM (Building Information Modeling) contracts: what to look out for?
BIM (Business Information Modeling) is a tool increasingly used by construction departments and public owners. In a few words, the BIM method is a digital method used during the planning and execution phases of a construction project, which allows the participants (such as architects, engineers, project owner, etc.) to use virtual building models to allow […]
The non-competition clause – When does it end?
A recent decision of the Federal Court provides an opportunity to review the non-competition clause in an employment contract and the cases in which it ceases (TF 4A_109/2021). The principles governing the non-competition clause in an employment contract are set out in Articles 340 et seq. of the Swiss Code of Obligations (CO). According to […]
To have a contract signed at a time when the signatories are all telecommuting? Yes, it’s possible!
“It will be difficult to get this contract signed in the next few days, as the person in charge is not in the office. The signatories are not all here and Mr. X, the only one who can sign this contract, will be back next week.” Such comments are no longer relevant. These long-standing difficulties […]
IT contracts and companies: 10 pitfalls to avoid
Reviewing terms and conditions when one acquires a software or SaaS application is not a pleasant experience. In fact, the entrepreneur often tends to think that IT is a supporting function, and that the review of those terms and conditions is an unnecessary waste of time. However, these conditions are likely to have many pitfalls […]
Force majeure in Swiss contract law: cautionary note
The COVID-19 crisis is forcing the legal profession to review its contractual fundamentals. The proliferation of opinions and views on social networks requires constant updating in order to avoid unfounded rumours or principles from other legal systems from causing confusion in the minds of the practitioner and his or her clients. Thus, having recently learned […]
The Swiss Federal Supreme Court has ruled that the United Nations Convention on Contracts for the International Sale of Goods (the “Vienna Convention”) must prevail in Swiss domestic law
In a recently published ruling, 4A 543/2018 dated 28 May 2019, the Federal Supreme Court has clarified an important feature of the law concerning contracts for the international sale of goods. Our Highest Court has in fact confirmed that the United Nations Convention on Contracts for the International Sale of Goods (CISG), signed in Vienna […]