The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:
The International sovereign immunity guide for Switzerland is presented in a Q&A format. The questions are set out below. The guide can be accessed here:
2019 Switzerland GTDT
The set of questions relating to the topic of structured finance and securitisation and answered by the guide for each jurisdiction covered include:
1. What is the general approach to the concept of sovereign (or state) immunity in your state (eg, restricted or absolute immunity)?
2. What is the legal basis for the doctrine of sovereign immunity in your state? (Customary international law? Case law? Give details of any specific statute or statutory provisions.)
3. Is your state a party to any multilateral treaties on sovereign immunity (eg, the 1972 European Convention on State Immunity, the 2004 United Nations Convention on Jurisdictional Immunities of States and Their Property)? Has the state made any reservations or declarations regarding the treaties?
4. Describe domestic law governing the scope of jurisdictional immunity (ie, whether a state itself, or its various organs and instrumentalities would be covered by jurisdictional immunity in proceedings before a court and the types of transactions or proceedings to which such immunity would extend).
5. How can the state, or its various organs and instrumentalities, waive immunity or consent to the exercise of jurisdiction (eg, through arbitrati
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