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Directors cannot rely on arbitration clause in articles of association of an insolvent company for liability claims by company's creditors

30 June 2010

Authors: Nathalie Voser, Petra Rihar

In a German-language domestic arbitration decision dated 8 December 2009, published on 13 June 2010, the Swiss Federal Supreme Court held that persons acting as board of directors of a company that subsequently went into insolvency proceedings cannot rely on an arbitration clause in the articles of association of that company for liability claims filed against them by the company's creditors.

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Published in Practical Law Arbitration

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Elliott Geisinger
Elliott Geisinger

Nathalie Voser
Nathalie Voser

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