What are the Swiss tax laws for Residents?
What are the Tax laws for non-residents?
- Residents in Switzerland are subject to federal income and wealth taxes.
- net wealth
- progressive rates
- Non-residents may be subject to Swiss taxes on various kinds of Swiss source income: interest or dividends paid by a Swiss entity, income from real property or from business activities in Switzerland, directors' fees, or compensation for an activity performed in, and paid by a Swiss employer.
What is a legal dispute?
What methods of dispute are there and what are their subcategories?
- situations where person does not agree with the factual or legal interpretation of situation by another person
1. Judicial processes: state judge or court is means of conflict resolution > Litigation
2.Extrajudicial processes: Alternative Dispute Resolution (ADR), Arbitration, negotiation, mediation
What is Letigation and when do we aply it
What are procedural rules
Litigation: initiated when party files suit against the other
Some disputes will not reach agreement through collaboration and need power of state:
- Outcomes are decided by impartial judge or court and verdict is legally binding
- Both parties have right to appeal judgement to higher court
Procedural rules: rules of evidence and the procedure are established by legislature
--> in a trial questions of evidence are more important than legal considerations
Before starting a litigation, what are the elements or questions to consider first?
- What is risk involved? Is it worth going through lengthy procedure?
- Will judicial decision be enforceable? (in bankruptcy, you still don’t get paid after)
- Are proceedings affordable?
- Is party willing and patient enough to follow a court case through judicial system?
- Is there a way to settle without court? Is litigation serving commercial interest?
- Is there sufficient evidence to prove relevant facts?
- Would ADR be an option?
Define the term Alternative Dispute Resolution (ADR)
ADR: (not legally binding)
- Method of resolving disputes outside of judicial process (litigation, court) through the presence of a facilitator or decision maker (neutral, unbiased) --> cheaper and less time-consuming than litigation
e.g.: mini trial: the third party gives advisory opinion on how court could decide
e.g.: Online Dispute Resolution ODR: using internet forums to resolve dispute
Explain what Arbitration is
When is it legally non-binding
formal method of ADR (e.g. Swiss Arbitration Association)
Arbitrator: thrid party of a panel of neutral persons
- Arbitrator imposes decisions on parties (arbitration awards) after hearing both sides;
- Occurs when contractual parties agree on solving dispute with arbitration clause > clause provides resolving of dispute with arbitration and not with court (usually legally binding)
non binding arbitration: parties can go forward with a lawsuit if no agreement with arbitrators decision
Explain the Negotiation method of ADR
simplest form of ADR
- Parties attempt to settle a dispute informally, with or without attorneys
- Attorneys advise clients to try to settle before proceeding to trial
- Negotiations are allowed before, during and even after a trial
Explain what Mediation is in connection with ADR
- Neutral third party acts as mediator and works with both sides to facilitate resolution
- Talks with parties separately and emphasizes points of agreement to help evaluate
- Mediator may propose solution but doesn’t make decisions resolving the matter
- Preferred form for business partners, employers vs. employees, parties in long-term relationships