Firm & Awards

Authors: Alexander Vogel, Camillo Devecchi, Philipp Estermann, Chloé Corger, Vital Lüthi

Boilerplate clauses, while often seen as standard contract language, have significant legal and practical implications that can significantly affect the outcome of a dispute or even the viability of an agreement. For instance, a boilerplate clause specifying the jurisdiction for dispute resolution may seem like a minor detail, but the choice of forum can have profound consequences. If a contract mandates that disputes be resolved in a jurisdiction with unfamiliar procedural rules, one party could face substantial disadvantages, such as procedural hurdles, higher legal costs, or even the loss of rights that would have been available under local law. A poorly drafted clause specifying a foreign forum that favors one party over another can, in practice, undermine the fairness of the agreement. This kind of oversight in drafting can lead to costly legal battles and create unintended leverage for one party, turning what was meant to be a balanced agreement into a source of considerable legal risks.

MLL Legal is pleased to announce the publication of an exclusive series on Swiss contract law, focusing on the critical and often overlooked boilerplate clauses. This publication, developed by MLL Legal in collaboration with Thomson Reuters Practical Law and authored by Dr. Alexander Vogel, Camillo Devecchi, Philipp Estermann, Chloé Corger, and Vital Lüthi, serves as an essential resource for legal professionals seeking comprehensive insights into Swiss contract law. As part of an international collaboration, it also offers comparative insights into how these clauses are handled in other jurisdictions, enhancing the ability of cross-border practitioners to navigate diverse legal systems effectively.

Through this collaboration with Thomson Reuters Practical Law, MLL Legal reaffirms its commitment to providing cutting-edge, Swiss law specific insights that are indispensable for professionals involved in cross-border transactions and disputes. This series provides a comprehensive overview of how Swiss contract law differs from other jurisdictions, empowering legal professionals to better understand and/or advise their clients on Swiss law governed contracts in an increasingly globalized legal environment.

The following titles are now available to Practical Law subscribers:

• Interpreting and Changing the Agreement (Switzerland): Boilerplate: Interpreting and Changing the Agreement (Switzerland) | Practical Law
• Disputing the Agreement (Switzerland): Boilerplate: Disputing the Agreement (Switzerland) | Practical Law
• Interacting with Other Parties (Switzerland): Boilerplate: Interacting with Other Parties (Switzerland) | Practical Law
• Performing the Agreement (Switzerland): Boilerplate: Performing the Agreement (Switzerland) | Practical Law
• Starting, Suspending and Terminating the Agreement (Switzerland): Boilerplate: Starting, Suspending and Terminating the Agreement (Switzerland) | Practical Law