Under what conditions is a bank liable for the failure to execute a stock market order, and to what extent is a client responsible for their own communications and their silence? In a judgment of 20 January 2026, the Geneva Court of Justice clarified these issues by distinguishing between three scenarios: a clear order not executed without sufficient justification; an ambiguous communication not constituting a genuine instruction to sell; and the absence of a timely objection leading to the application[...]
Beyond the ongoing standoff between UBS and the Federal Council, particularly regarding the tightening of capital requirements, UBS’s takeover of Credit Suisse has also had implications under criminal law. In an order dated 8 April 2026 (SK.2025.57), the Criminal Division of the Federal Criminal Court examined the consequences, in terms of corporate criminal liability, of a merger by absorption (Art. 3 para. 1 let. a FusG) on the acquiring company. It ordered the proceedings against UBS to be discontinued, finding[...]
In a judgment intended for publication, the Federal Supreme Court has settled a previously unresolved issue by confirming that PostFinance may refuse to open a bank account on the grounds that the relationship would entail disproportionately high costs. This ground, provided for in Art. 45(1)(a) OPO, has a sufficient legal basis. In the present case, however, PostFinance was unable to demonstrate the existence of such costs (4A_454/2025 of 3 March 2026). In 2022, a Russian national resident in Switzerland applied[...]
In its final judgment ACJC/151/2026 of January 27, 2026, the Court of Justice of the Canton of Geneva upheld the dismissal of a claim for payment filed by a client who held the status of a qualified investor within the meaning of the aLPCC against a bank, following losses incurred on equity investments. It clarifies the scope of the bank’s duty of care in the presence of a qualified investor and excludes the application of exceptional circumstances, such as the[...]
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Carla Cournot
— 29 May 2026 
