Embassy of India Berne, Switzerland

Embassy of India 
Berne 

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Advisory on Trade Dispute Resolution 

 This Mission has been facilitating the Indian companies in amicable resolution of their trade  related disputes with companies based in Switzerland and Principality of Liechtenstein.  However, Indian companies are advised to take due precaution while engaging in business  transactions, particularly when dealing with new or unfamiliar companies. 

2. 2. Any situation arising due to the matter pertaining to trade disputes, the Indian company may  send its complaint to this Mission’s Commercial Wing at com.berne@mea.gov.in. 
3. 3. Upon receipt of a complaint, the Embassy acknowledges the receipt of the complaint and  requests the Complainant to provide additional information required, if any.  
4. 4. After preliminary examination of the complaint, the Embassy takes up with the matter with the  Swiss / Liechtenstein based company for obtaining explanation/feedback regarding the  complaint. If a reasonable response is received, the same is communicated to the Indian  Complainant. In case the matter remains unresolved despites Embassy’s efforts, it requests the  Complainant to consider pursuing the judicial process/litigation as per the local laws. At each  stage the complainant is kept updated by the Embassy.  

Useful Notes for Consideration:  

1. 1. Verify Company Registration and Records: Check the status of the Swiss company  (registration records) on the Central Business Name Index (ZEFIX)  (https://www.zefix.ch/en/search/entity/welcome) and Registries of Commerce of  Switzerland, available at https://www.zefix.ch/en/hra. For Liechtenstein based company,  visit Official Commercial Register information of the Principality of Liechtenstein at  https://www.handelsregister.li/cr-portal/suche/suche.xhtmlhttps://www.handelsregister.li/cr-portal/suche/suche.xhtml. 
2. 2. Arbitration Clause: In all business agreements an arbitration clause should be included,  which would be fair to both parties. A suggested formulation is: 

“Any dispute, controversy, or claim arising out of, or in relation to, this contract,  including regarding the validity, invalidity, breach, or termination thereof, shall be  resolved by arbitration …... (insert name of arbitration body/council) and the award  made in pursuance thereof shall be binding on the parties”. 

1. 1. Swiss Import Regulations: For export of any product from India, the Indian exporter  must ensure that all the procedural formalities for Switzerland’s rules and regulations are  followed. For information on regulations for importing various goods into Switzerland, please visit https://www.bazg.admin.ch/en/travel-shopping-private-import-into switzerland
2. 2. Director General of Foreign trade (DGFT): In order to resolve trade disputes relating to  international trade, Director General of Foreign trade (DGFT), has launched an online  module for filing and tracking of trade complaints.  

• The Indian and Foreign trade entities may file their complaints/disputes at  www.dgft.gov.in >Services>File Quality>Trade Grievances>Fill online  application form. 
• The website link for the DGFT website for complaints is  https://www.dgft.gov.in/CP/?opt=quality-compaints

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