On 16 April 2020, the Swiss Federal Council passed special legislation in order to relax the current insolvency regime applying to companies and provide a better framework for all businesses (the COVID-19 Insolvency Act).
As a result of the coronavirus disease (COVID-19) pandemic (SARS-CoV-2), many companies will find themselves in financial difficulties. The Swiss government has already taken various measures to ease the burden on companies, including a financial assistance program of up to CHF 40 billion, and is considering further measures.
In decision 5A_375/2017, which is slated for official publication in the court reporter, the Swiss Supreme Court ruled for the first time that the statute of limitation for a claim evidenced by a certificate of shortfall is governed by the Swiss Debt Enforcement and Bankruptcy Law (DEBA), irrespective of whether foreign or Swiss substantive law is applicable to the original claim (i.e. the claim resulting from two arbitral awards rendered in Singapore) . This may allow the award creditor enforcing an arbitral award in Switzerland to benefit from a much longer limitation period.