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Consulting Agreement Switzerland

Finally, the inclusion of an arbitration agreement also makes it possible to introduce a legal choice clause into a purely national treaty, since the choice of law is also more liberal in national arbitration proceedings than in national judicial proceedings (Art. 381 ZPO). In this context, the teaching expressly confirms the admissibility of a partial choice of law. However, the question of whether the choice of foreign law is permissible in the absence of any element of international law is controversial. Unitectra can send you a sample consulting contract. However, the scientist is responsible for all responsibilities, since the contract is usually concluded as an individual. The solution to this one negative aspect of Swiss law for an advisor may be what is called a partial choice. In the event of a partial choice of law, one or more parts of a treaty are subject to another legal order. For example, the contract is usually governed by Swiss law, but an exception is made for termination and its consequences, which are subject to the laws of England and Wales (which gives the parties greater freedom as to terminate an advisory contract). The additional guarantee can be obtained by adding an arbitration agreement. In arbitration proceedings, the legal choice of parties is more liberal than in state judicial proceedings. This is reflected in the eligibility of non-state laws, for example. B UNIDROIT principles.

Swiss legislation on obligations provides for the possibility of terminating the mandate at any time (Article 404(1) OR). This provision is mandatory, which excludes any other party agreement (e.g. B fixed duration of a consultancy contract).

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