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CH
Art. 116 Federal Act on Private International Law (PILA)
PILA; Chapter 9 Law of Obligations; a. Choice of law
Art. 116 PILA
Contracts are governed by the law chosen by the parties.
The choice of law must be express or result with certainty from the provisions of the contract or from the circumstances; apart from that, it is governed by the chosen law.
The choice of law may be made or changed at any time. If a choice of law is made after the conclusion of the contract, it has retroactive effect as of the time of conclusion of the contract. The rights of third parties are reserved.
Court Decisions Applying This Provision (90)
C/13373/2022 · ge (art. 116 al. 1 et 2 LDIP)
Bank Fee Dispute: Oral Agreement vs. General Terms
Cited in reasoning to confirm the application of Swiss law based on the parties' choice of law.
HG210167 · zh (Art. 116 Abs. 1 IPRG)
Plaintiff v. Bank Regarding Unauthorized Account Debits
Used to establish that Swiss law applies to the account relationship based on the choice of law clause.
HG240027 · zh (Art. 116 Abs. 1 IPRG)
Company A v. Company B (Unpaid Debt)
States that a contract is governed by the law chosen by the parties.
HG200190 · zh (Art. 116 Abs. 1 IPRG)
Assignee of Foreign Entity v. Swiss Bank (Loan Conversion, Retrocessions, and AGB Validity)
Applied to confirm the application of Swiss law based on the choice of law clause in the AGB.
HG200258 · zh (Art. 116 Abs. 1 IPRG)
Unpaid Loan Recovery from Foreign Entity
Defines the conditions under which the law chosen by the parties applies.
HG210267 · zh (Art. 116 Abs. 1 IPRG)
Software Development Company v. Defendant Company in Liquidation
Cited to confirm the permissibility of the parties choosing Swiss law for their contractual relationship.
HE220042 · zh (Art. 116 Abs. 1 IPRG)
Buyer's Right to Property Despite Seller's Attempted Withdrawal
Cited in relation to the parties' choice of Swiss law to govern the contract.
HG200219 · zh (Art. 116 Abs. 1 IPRG)
Claimant v. Defendant: Unpaid Technical Services Under Swiss Law Agreement
This provision is not cited in the dispositive section.
HG210075 · zh (Art. 116 IPRG)
Plaintiff v. Defendant (Unpaid Fees and Commissions)
This provision is cited as the legal basis for applying Swiss law based on the parties' choice of law in the contract.
C/12375/2017 · ge (art. 116 al. 1 et 2 LDIP)
Appellant v. Appellee: Apparent Authority and Right of Retention in Auction Sales
The court confirmed the application of Swiss law based on the parties' choice of law.
HG180098 · zh (Art. 116 Abs. 1 IPRG)
Plaintiff v. Defendant - Construction Payment Dispute
The court applied this provision which states that a contract is governed by the law chosen by the parties.
C/25788/2014 · ge (art. 116 LDIP)
Accounting Firm Due Diligence Breach and Causation in Acquisition Overpayment
Used to establish the tacit election of Swiss law based on the parties' express references.
HG190158 · zh (Art. 116 IPRG)
Plaintiff's Abandoned Claims and Dismissed Sponsorship Revenue Claim Lead to Cost Award
Used to establish that the parties chose Swiss law.
C/17049/2015 · ge (art. 116 al. 1 LDIP)
Estate of Deceased Businessman v. Bank Regarding Investment Documentation
Cited, along with contractual choice of law, to confirm the applicability of Swiss law to the contractual relationship.
HG200067 · zh (Art. 116 Abs. 1 IPRG)
Jurisdiction Overcase Despite Invalid Arbitration Clause; Swiss Law Applies; Default Judgment Granted
States that a choice of law made by the parties in contract law is generally respected.