e-private-client - 04.11.2020

New development on Swiss Retrocession claims

It has been several months now since the 13 May 2020 (4A-355/2019) Federal Supreme Court of Switzerland judgement on legally valid waivers for retrocessions.

After extensive work with our own lawyers and test cases with certain Swiss banks, it is clear to us that many waivers are invalid and that claims can be made even after the banks sent out waivers to clients. This increases the amount of claims for clients substantially as well as increasing the chances of a successful claim.

Many banks had relied on the assumed validity of the waivers as justification to not pay. That argument is fundamentally flawed now and we at Liti-Link are at the forefront of challenging the banks. On top of that, previous cases that had been rejected can now be looked at again.

Please find the full article here.