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Blogs - Arbitration Case Digest

Joint and several liability not per se incompatible with Swiss public policy

24.02.2017 – Case Number: 4A_32/2016 (20 December 2016)

In a French-language decision dated 20 December 2016, but only recently available, the Swiss Supreme Court held that a violation of the personality rights protected by Article 27(2) of the Swiss Civil Code (CC) is only incompatible with substantive Swiss public policy (ordre public) in severe cases, violating a fundamental right. Article 27(2) of the CC states that "no person may surrender his or her freedom or restrict the use of it to a degree which violates the law or public morals". (Decision 4A_32/2016.)

Published in Practical Law Arbitration