Partial Withdrawal of the Claim and Cost Consequences

Facts

On 3 January 2013, [A. GmbH] (Claimant, Appellant) filed a claim against [B. AG] (Defendant, Respondent) with the Commercial Court of the Canton of Zurich. Subsequently, the Claimant withdrew various requests for the production of documents (Nos. 1.1, 1.3, 2.1, 2.2, 2.3, 3.1, 4), the declaratory claim in No. 3.2, as well as the request in No. 1.2. The Commercial Court declared the proceedings in the amount of CHF 12,586,500.-- as settled by the withdrawal of the claim. It imposed the court costs of CHF 47,000.-- and a party compensation of CHF 51,000.-- in favour of the Defendant on the Claimant. Furthermore, it demanded an additional court cost advance of CHF 50,000.-- and a security deposit of CHF 115,000.-- for a potential party compensation from the Claimant.

Considerations

The Federal Supreme Court did not enter into the Claimant's appeal against the decision of the Commercial Court. It justified this by stating that the contested decision did not constitute a final decision within the meaning of Art. 90 FSCA, but merely an interim decision. The Claimant had not shown that the…