Title: Legal Basis and Strategic Value of Public Disclosure in Conciliation under ZPO Art. 202–204
Author: Joe L. White, Jr.
Date: July 01, 2025
Reference: Conciliation Request – Nexo AG, Canton of Zug
Purpose
To explain why the structured and limited release of annexes in connection with a pending conciliation proceeding is not a hostile or reputational tactic, but a procedurally sound, transparency-driven response to data withholding and regulatory dormancy. The annexes are designed to support lawful redress under Swiss procedural and substantive law.
Context of Need
After more than two years of procedural delay and data obstruction, and after exhausting all reasonable efforts to obtain voluntary records and private resolution, the claimant has introduced a public annex strategy.
This is not intended to cause reputational harm, trigger litigation, or circumvent conciliation. It is intended to redress severe asymmetries in access to evidence, rectify public misimpressions created by branding, and prompt procedural engagement where traditional legal levers have failed.
- The respondent holds all meaningful internal data;
- Swiss regulatory structures have failed to respond;
- Claimant rights under FADP and FinSA have been ignored.
Strategic and Legal Functions of Public Annexes
1. Restoring Narrative Balance
Nexo controls the factual record and has repeatedly declined transparency. The annexes allow the claimant to restore balance to a process in which platform-controlled data has otherwise monopolized factual framing. This satisfies the principle of legal equity under ZPO Art. 2.
2. Incentivizing Engagement
When reputational risk becomes visible, Nexo may re-evaluate its cost-benefit calculus. The annexes introduce a lawful, truthful, and non-defamatory disclosure format that promotes out-of-court resolution and demonstrates procedural seriousness.
3. Elevating Regulatory Awareness
Annexes like the open letter to FINMA help surface systemic gaps that have harmed not only this claimant but the broader investor community. Public annexes may help catalyze long-overdue scrutiny under FINMA’s mandate and data protection enforcement responsibilities delegated to FDPIC.
4. Protecting Other Investors
The public release of facts, risks, and misconduct helps warn others and counters misleading commercial representations, consistent with the public interest rationale underlying the Unfair Competition Act (UCA Art. 3).
5. Humanizing the Claim
Personal annexes such as the impact statement and burnout narrative help decision-makers, whether Nexo executives, funders, or conciliation authorities, understand that this is not a technical dispute. It is a human one.
Statement of Intent
This annex is submitted in support of a good-faith civil conciliation request under ZPO Art. 202–204. The claimant asserts that the conduct described herein warrants regulatory attention and damages due to misrepresentation and unsupervised financial intermediation. No proprietary platform information is disclosed, and all references are based on claimant usage, public materials, and industry guidelines.
Disclaimer
This document is submitted in good faith, based solely on the claimant’s personal experience and publicly available facts. No confidential or privileged information has been disclosed. All statements reflect the claimant’s beliefs or recollections unless otherwise indicated. Names of third parties are anonymized or redacted where not publicly implicated. The purpose of this release is transparency, accountability, and resolution not defamation or harm.
Legal Context Note
This annex was authored solely by the claimant as part of a lawful civil conciliation filing under Articles 202–204 of the Swiss Civil Procedure Code (ZPO). It does not contain any confidential statements made during the conciliation hearing, nor does it disclose settlement terms or other protected materials governed by ZPO Art. 205.
The annex is based exclusively on:
- Personal experience,
- Publicly available information, or
- Facts the claimant is legally entitled to share.
Its purpose is to document the legal and factual basis for the claimant’s grievance, promote transparency, and serve the public interest where legal oversight may be insufficient.
The annex adheres to Swiss privacy and defamation standards under ZGB Art. 28, the Data Protection Act (DSG), and applicable banking/professional secrecy provisions (BankG, StGB Art. 321).
It is not an official court document, and no information disclosed herein was obtained through the hearing process.