Interesting data relating to the Commercial Court of Zurich's practice in 2008
The Appellate Court of the Canton of Zurich has recently published its report for the year 2008. In this report, the Court included data relating to the Commercial Court of Zurich. In 2008, the Commercial Court reduced its pending cases from 386 to 364. More than two thirds of the pending cases were terminated in one year or less. Out of 342 terminated cases, 218 were terminated by settlement, acknowledgement of the claim or withdrawal of the claim, 84 by judgement on the merits and 40 by other means (e.g. by dismissal without prejudice for lack of jurisdiction etc.). In 98 out of the 342 terminated cases, the amount in dispute exceeded CHF 500’000.
The Commercial Court of Zurich is composed of Appellate Court Judges and Commercial Judges who are experts from different branches, such as banking, pharmaceuticals, insurance, construction etc. The Commercial Court of Zurich is well known for its efficient dispute resolution at conciliatory hearings. In the course of such hearings, the parties settle their dispute in the majority of the cases, based on a reasoned settlement proposal submitted by the delegation of the Commercial Court. Also parties with domicile abroad can bring their dispute before the Commercial Court of Zurich based on a jurisdictional agreement, provided that certain requirements are met. In particular, prorogation of the Commercial Court is admissible when the dispute of the parties is subject to Swiss law and when the Commercial Court has jurisdiction ratione materiae over the dispute.Homburger’s Litigation and Arbitration Team often represents parties before the Commercial Court of the Canton of Zurich and is familiar with its proceedings.More information on the Commercial Court of Zurich:RESCUE.pdf, by Felix Dasser / Georg Naegeli