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Foundations of Business Law

All chapters except Contract Law

All chapters except Contract Law

Kartei Details

Karten 135
Lernende 17
Sprache English
Kategorie Recht
Stufe Universität
Erstellt / Aktualisiert 21.12.2019 / 28.05.2023
Lizenzierung Keine Angabe
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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