Act on Social Insurance Litigation (Social Insurance Litigation Act, SRG) (Sozialversicherungsrechtspflegegesetz, SRG) - Subject Matter (LJAS)

1. This law regulates the procedure for social insurance jurisdiction, with differing provisions of federal law and in special enactments remaining reserved.

2. The law on administrative procedure and administrative jurisdiction (Administrative Jurisdiction Act, AJA) applies subsidiarily.

3. The organization and jurisdiction of the Insurance Court are governed by the Law on Courts and Judicial Authorities (Courts Act, CA).

1. The procedure is initiated, subject to special legal provisions, by submitting a complaint or statement of claim.

2. The legal remedy submission must include

1. the precise designation of the parties;

2. the legal requests;

3. a concise presentation of the facts and a brief justification.

3. The evidence must be specified and, as far as possible, submitted.

4. The contested order or contested objection decision, and any power of attorney, must be attached.

1. If the appeal document suffers from a defect or is illegible, inappropriate, incomprehensible, or drafted in a foreign language, it shall be returned for correction or translation, with the stipulation of a reasonable deadline and the threat that the matter will not be considered.

1. The calculation, suspension, and observance of deadlines, as well as the extension of deadlines, consequences of default, and the reinstatement of deadlines, are governed by Articles 38-41 of the ATSG.

2. The cantonal holidays are governed by Article 69 of the GerG.

1. If the appeal or complaint is not immediately declared inadmissible or dismissed, the response of the opposing party must be obtained.

2. The response must be submitted within the deadline set by the chairperson.

3. The response must include any procedural objections, the legal claims, and a brief statement of reasons. The evidence must be specified and submitted, as far as possible.

1. If it appears necessary, a further exchange of briefs may be ordered.

1. The parties may be summoned to a hearing if justified by the circumstances or upon a well-founded application.

1. Before the Insurance Court, the following can be contested

1. Legal violations, including overreach, underreach, or abuse of discretion;

2. Incorrect or incomplete determination of the facts;

3. Inappropriateness.

2. New legal claims and new factual assertions, as well as the designation of new evidence, are admissible.

3. The contestability of procedural and other interim decisions is governed by Art. 69 VRG.

1. The insurance court establishes the facts relevant to the decision with the participation of the parties; it collects the necessary evidence and is free in its assessment of the evidence.

2. The parties are formally warned of the legal disadvantages that will arise for them if they refuse to cooperate.

3. If evidence has been collected, the parties are given the opportunity to comment.

1. The insurance carrier shall transmit all relevant documents systematically organized to the insurance court.

1. To the extent that the nature of the case indicates otherwise, the factual and legal circumstances at the time of the contested decision are decisive for the assessment of the complaint or the lawsuit.

1. The Insurance Court is not bound by the requests of the parties. It may modify an order or objection decision to the detriment of the appellant or award more than was requested, provided that the parties are given the opportunity to comment and to withdraw the appeal beforehand.

1. The procedural costs are determined according to Article 18 of the Law on Costs in Proceedings Before the Courts and Judicial Authorities (Procedure Costs Act, PKoG).

1. If the party that wins in whole or in part makes a corresponding request or if it is provided for by law, it is to be granted appropriate compensation at the expense of the losing party.

2. Party compensation is generally not awarded to the insurance carriers involved in the proceedings.

1. The Arbitration Court is the sole cantonal instance responsible for adjudicating disputes for which federal social insurance law provides an arbitration procedure.

1. The arbitration court consists of the presidium of the insurance court and one representative for each of the parties.

2. The presidium of the insurance court presides over the proceedings and designates the representatives of the parties upon their proposal. If the parties do not submit a proposal within a reasonable time frame, the presidium appoints the representatives.

3. The representatives of the parties are not required to reside in the canton of Nidwalden.

4. If there is a dispute regarding recusal, the presidium of the insurance court decides. If the recusal concerns the chairperson, the administrative commission of the administrative court decides.

1. The Insurance Court ensures the operational organization of the arbitral tribunal.

1. Arbitration proceedings are subject to fees.

2. The compensation for the representatives of the parties is governed by the provisions of the Act on the Compensation of Authorities (Compensation Act).

1. The procedure is initiated by the submission of a complaint.

2. The opposing party is given the opportunity to respond.

1. The Chairperson conducts a mediation hearing if

1. it is prescribed by federal law;

2. both parties request it; or

3. in the Chairperson's assessment, there is a prospect of an amicable settlement.

2. For the conduct of the mediation hearing, the Chairperson may involve additional members of the arbitral tribunal in accordance with Article 16.

3. The mediation hearing is not public.

1. Natural persons shall appear personally at the mediation hearing. Legal entities, administrative offices, and authorities shall send a person authorized to conclude settlements.

2. The parties may be represented by a legal counsel.

1. If there is a prospect that the parties will reach an out-of-court settlement following the mediation hearing, the chairperson may, in agreement with the parties, suspend the proceedings.

2. If the case is resolved in the mediation process, a flat rate for court costs will be charged in accordance with Art. 23 of the PKoG. Unless the parties have agreed otherwise, this cost will be imposed on them equally in the event of a settlement, and in other cases, at the discretion of the judge.

3. If the case is resolved in the mediation process, no party compensation will be awarded. Deviating agreements of the parties remain reserved.

1. If no mediation hearing takes place or the legal dispute cannot be resolved during the mediation process, the plaintiff is given the opportunity to supplement the statement of claim and submit additional evidence.

2. Furthermore, the exchange of written submissions and the conduct of the evidence procedure are governed by the provisions that apply before the Insurance Court.

1. The appeal of a final decision of the arbitration tribunal is governed by the Administrative Court Act (VRG).

1. The Government Council shall enact the provisions necessary for the implementation of this law.

1. The Introductory Ordinance of September 2, 1992, to the Federal Legislation on Disability Insurance is amended as follows: ...

1. The Introductory Act of October 25, 2006, to the Federal Law on Health Insurance (Health Insurance Act, kKVG) is amended as follows: ...

1. The Act on Administrative Procedure and Administrative Jurisdiction (Administrative Jurisdiction Act, AJA) is amended as follows: ...

1. The Ordinance of November 18, 1983, on Social Security Law Administration is repealed.

1. This law is subject to the optional referendum.

2. The government council shall determine the date of commencement.