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Swiss Supreme Court considers application of double jeopardy principle between disciplinary and administrative sanctions

26 November 2014

Authors: Nathalie Voser, Hannah Boehm

In a German language decision dated 16 October 2014 and published on 24 October 2014, the Swiss Supreme Court confirmed that the principles of res judicata and ne bis in idem (double jeopardy) form part of procedural public policy for the purposes of Article 190(2)(e) of the Private International Law Act. However, the court held that there was no violation of the ne bis in idem principle where the same infringement is punished with both an administrative and a disciplinary sanction. According to the court, administrative proceedings do not protect the same legal interest as disciplinary proceedings. Therefore, sanctions resulting from these two different types of proceedings lacked the identity of object necessary for a violation of that principle. (Decision 4A_324/2014.)

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Published in Practical Law Arbitration


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