On 10 April 2025, Irma Ambauen (Kaufmann Rüdi), Eileen Loebig (A&O Shearman), and Philipp Massari (Massari Olbrich) discussed the newly revised Swiss rules for company law disputes with moderator Alice Broichmann (A&O Shearman).
Following a brief overview of the current legal situation in Germany, Ambauen presented the new Swiss provisions on the arbitrability of company law disputes, which came into effect on 1 January 2025. Under these provisions, both stock corporations (AGs) and limited liability companies (GmbHs) may include arbitration clauses in their articles of association with a qualified majority vote. Whether a company has adopted such a clause is also recorded in the commercial register—providing transparency for potential parties to a dispute.
The panellists then engaged in a deeper discussion on how the Swiss approach, particularly in shareholder disputes, makes the process of constituting an arbitral tribunal more efficient and simplifies the notification of affected parties.
Despite differing emphases, the panel broadly agreed that certain elements of the Swiss solution could serve as a model for German lawmakers.
Karsten Grillitsch