D-01-22

In a ruling 4A_535/2025 dated April 28, 2026, scheduled for publication, the Federal Court rules on the right—or rather, the obligation— of an agent to refuse to carry out a client’s instructions when there is reason to believe that the client’s assets fall under the “freezing of assets and economic resources” provision within the meaning ofArticle 15 of the Ordinance Establishing Measures in Connection with the Situation in Ukraine (“Ukraine Ordinance”). On November 18, 2021, an investment company (the “Company”),[...]

According to Judgment 2C_506/2024 of May 4, 2026 (scheduled for publication), issued by the Second Public Law Division of the Federal Supreme Court, professional secrecy does not preclude Switzerland from providing a foreign state, in the context of administrative assistance proceedings, with documents held by the cantonal tax administration that it received from an attorney acting on behalf of his client. In this case, the Spanish tax authorities suspect a taxpayer domiciled in Switzerland of actually being domiciled in Spain.[...]

Can a foreign judgment be recognized in Switzerland if the defendant was never actually aware of the proceedings brought against him? This question arises in particular when the court, unable to serve the person, resorts to service by publication. In its decision 4A_157/2025 of March 13, 2026, the Federal Supreme Court clarifies that service is compatible with Art. 27(2)(a) of the Swiss International Private Law Act (LDIP) only if it offers the defendant a genuine opportunity to participate in the[...]

In an investment advisory relationship, if the client carries out transactions that do not result from advice given by the bank, the bank is not in a position of conflict of interest and may retain the retrocessions received (ACJC/439/2026 of 10 March 2026, which has entered into force). In 2015, an experienced and wealthy British client opened an investment advisory relationship with a bank domiciled in Geneva. According to the contractual documentation, the client had direct access to the trading[...]