Swiss Contract Law in International Commercial Arbitration
A Commentary

A systematic and detailed presentation of the most important contracts under Swiss law in the context of international commercial arbitration.

Christoph Müller (Author)

9781108421430, Cambridge University Press

Hardback, published 10 August 2023

772 pages
23.5 x 15.8 x 4.5 cm, 1.24 kg

'The book is a well-made reference work that is written in a comprehensible manner and, thanks to the numerous references and literature recommendations, is more than just a good starting point for dealing with Swiss law. If you are involved as counsel or arbitrator in arbitral proceedings in which Swiss substantive law applies, Swiss Contract Law in International Commercial Arbitration is not only worth buying, but also worth reading.' Transatlantic Law Journal

This book provides a systematic presentation of the most important commercial contracts under Swiss law, i.e., the contract of sale, the contract for work and services, the simple mandate contract, and the commercial agency contract, as well as the licence agreement, the exclusive distribution agreement, and the settlement agreement. The book also contains an in-depth introduction of the Swiss law of obligations, covering topics such as the fundamental principles of contract law, the obligation (as the effect of the contract), the formation of contracts, contract interpretation, validity of contracts, agency, general terms and conditions, and breach of contract. After English law, Swiss law is deemed to be the most attractive law applicable to the parties' contract in an international context. At the same time, English is usually chosen as the language of the arbitration proceedings. This book will therefore be an indispensable resource for all English-speaking lawyers interested in international commercial arbitration.

Part I. Introduction: 1. The importance of Swiss law in international arbitration
2. Introduction to Swiss law in general
3. Introduction to Swiss Contract Law
Part II. Contracts of Disposition: 4. Contract of sale
Part III. Service Contracts: 5. Contract for work and services
6. Simple mandate contract
7. Commercial agency
Part IV. Innominate Contracts: 8. Innominate contracts in general
9. Licence agreement
10. Exclusive distribution agreement
11. Settlement agreement.

Subject Areas: Arbitration, mediation & alternative dispute resolution [LNAC5]