Enforcement Of Foreign Judgments Laws And Regulations Switzerland 2022

• Published date: 20 May 2022
• Subject Matter: Finance and Banking, Litigation, Mediation & Arbitration, Insolvency/Bankruptcy/Re-structuring, Debt Capital Markets, Financial Services, Insolvency/Bankruptcy, Trials & Appeals & Compensation
• Law Firm: BMG Avocats
• Author: Rocco Rondi, Guillaume Fatio and Isabelle Baroz-Kuffer

1. Country Finder

1.1 Please set out the various regimes applicable to recognising and enforcing judgments in your jurisdiction and the names of the countries to which such special regimes apply.

Applicable Law/Statutory Regime	Relevant Jurisdiction(s)	Corresponding Section Below
Convention between the Swiss Confederation and the German Reich on the Recognition and Enforcement of Judgments and Arbitral Awards of 2 November 1929.	Switzerland and Germany.	Section 3.
Convention between Switzerland and Austria on the Recognition and Enforcement of Court Decisions of 15 March 1927 and 16 December 1960.	Switzerland and Austria.	Section 3.
Convention between Switzerland and Belgium on the Recognition and Enforcement of Judgments and Arbitral Awards of 29 April 1959.	Switzerland and Belgium.	Section 3.
Treaty between Switzerland and Spain on the Reciprocal Enforcement of Judgments or Decrees in Civil or Commercial Matters of 19 November 1896.	Switzerland and Spain.	Section 3.
Convention between Switzerland and Italy on the Recognition and Enforcement of Judgments of 3 January 1933.	Switzerland and Italy.	Section 3.
Convention between Switzerland and the Principality of Liechtenstein on the Recognition and Enforcement of Judgments and Arbitral Awards in Civil Matters of 25 April 1968.	Switzerland and Liechtenstein.	Section 3.
Convention between Switzerland and Sweden on the Recognition and Enforcement of Judgments and Arbitral Awards of 15 January 1936.	Switzerland and Sweden.	Section 3.
Convention between Switzerland and the Czechoslovak Republic on the Recognition and Enforcement of Judgments of 21 December 1926.	Switzerland, Slovakia and the Czech Republic.	Section 3.
Agreement between Switzerland and the United States of America on the Enforcement of Maintenance Obligations of 31 August 2004.	Switzerland and the United States.	Section 3.
Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in Respect of Parental Responsibility and Measures for the Protection of Children of 19 October 1996.	Signatory countries to the Convention.	Section 3.
Convention on the International Protection of Adults of 13 January 2000.	Signatory countries to the Convention.	Section 3.
European Convention on Recognition and Enforcement of Decisions concerning Custody of Children and on Restoration of Custody of Children of 20 May 1980.	Signatory countries to the Convention.	Section 3.
Hague Convention on Recognition and Enforcement of Maintenance Decisions Towards Children of 15 April 1958.	Signatory countries to the Convention.	Section 3.
Hague Convention on Recognition and Enforcement of Decisions Relating to Maintenance Obligations of 2 October 1973.	Signatory countries to the Convention.	Section 3.
Hague Convention on the Recognition of Divorces and Legal Separations of 1 June 1970.	Signatory countries to the Convention.	Section 3.
New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 10 June 1958 ('New York Convention').	Signatory countries to the Convention.	Section 3.
Protocol on Jurisdiction and the Recognition of Decisions Relating to the Right to Obtain a European Patent of 5 October 1973.	Signatory countries to the European Patent Convention of 5 October 1973.	Section 3.
Hague Convention on the Applicable Law and Recognition of Trusts of 1 July 1985.	Signatory countries to the Convention.	Section 3.
Lugano Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters of 30 October 2007 ('LC').	Signatory countries to the Convention.	Section 3.
Memorandum of Understanding between Switzerland and the Province of Manitoba on the Recognition, Enforcement, Establishment and Modification of Maintenance Obligations of 5 June 2003.	Switzerland and the Province of Manitoba.	Section 3.
Memorandum of Understanding between Switzerland and the Province of Saskatchewan on the Recognition, Enforcement, Establishment and Modification of Maintenance Obligations of 9 July 2003.	Switzerland and the Province of Saskatchewan.	Section 3.
Memorandum of Understanding between Switzerland and the Province of British Columbia on the Recognition, Enforcement, Establishment and Modification of Maintenance Obligations of 5 June 2013.	Switzerland and the Province of British Columbia.	Section 3.
Memorandum of Understanding between Switzerland and the Province of Alberta on the Recognition, Enforcement, Establishment and Modification of Maintenance Obligations of 25 January 2016.	Switzerland and the Province of Alberta.	Section 3.
The Federal Statute on Private International Law ('PILA').	Switzerland.	Section 2.
Debt Enforcement and Bankruptcy Act ('DEBA').	Switzerland.	Section 2.
Swiss Code of Civil Procedure ('SCCP').	Switzerland.	Section 2.

2. General Regime

2.1 Absent any applicable special regime, what is the legal framework under which a foreign judgment would be recognised and enforced in your jurisdiction?

In Switzerland, the PILA governs the recognition and enforcement of foreign judgments. Article 1(2) PILA provides for the application of special regimes through international treaties regarding recognition and enforcement, the most important ones being the New York Convention and the LC.

With regard to the enforcement of foreign decisions, pecuniary debt is subject to the DEBA and specific performance is subject to the SCCP.

2.2 What constitutes a 'judgment' capable of recognition and enforcement in your jurisdiction?

A judgment capable of recognition and enforcement in the Swiss jurisdiction is a final decision or a decision which is no longer subject to an ordinary way of appeal (Article 25 PILA).

2.3 What requirements (in form and substance) must a foreign judgment satisfy in order to be recognised and enforceable in your jurisdiction?

Articles 25-28 PILA provide the requirements of form and substance enabling the recognition and enforcement of a foreign judgment. In a nutshell, a foreign decision is recognised in Switzerland if:

• it is final or no longer subject to an ordinary way of appeal;
• the foreign judicial or administrative authorities had jurisdiction to render the decision (see question 2.4); and
• there are no grounds to deny recognition (see question 2.7).

Special rules apply for the recognition of decisions on bankruptcy and composition (Articles 166-168 PILA), as well as of foreign decisions closely related to a bankruptcy decision recognised in Switzerland that concern revocatory actions and other acts detrimental to creditors (Article 174c PILA), and composition or a similar proceeding approved by a foreign authority (Article 175 PILA).

2.4 What (if any) connection to the jurisdiction is required for your courts to accept jurisdiction for recognition and enforcement of a foreign judgment?

As mentioned in question 2.3 above, the foreign judicial or administrative authorities that issued the decision must have had jurisdiction for the decision to be recognised in Switzerland (Article 25(a) PILA).

In particular, Article 26 PILA provides that the competence of foreign authorities is given:

• according to the applicable provisions of the PILA (see list of provisions below) or, in the absence of such provisions, if the defendant was domiciled in the State in which the decision was rendered;
• if, in matters relating to a pecuniary claim, (i) the parties have submitted to the jurisdiction of the authority which made the decision by an...