14 December 2017
Basel Swiss Civil Procedure Code (CPC) Day: News in Civil Procedure and Enforcement Law
The Basel CPC-Day 2017 held on 3 November 2017 (see here for the program - in German only) dealt with current practical questions and news concerning the various kinds of civil procedures and enforcement. Particularly important for both creditors and debtors are that an element of risk is no longer required for an attachment based on a judgment and that there are new trends regarding interrupting the statute of limitations by debt enforcement.Read more
23 May 2017
Why should I care about Brexit?
At the IBA Litigation Conference in Zurich at the beginning of this month, one session was dedicated to the impact of Brexit to the statutory landscape relevant for litigators. Many litigators will have thought before that session: Why should I care about Brexit? The answer came quickly and clearly. Brexit will have negative consequences on the allocation of jurisdiction between States and the recognition and enforcement of judgments.Read more
05 October 2016
How can I claim against an insolvent Swiss debtor?
What if my agreement provides for a foreign jurisdiction?
It is customary, and indeed recommended, that agreements between parties having their seats in different countries determine which court is competent to decide on any dispute. Often, the court chosen by the parties is given exclusive jurisdiction either by the parties themselves or the law (see, e.g., Art. 25 of the EU Regulation 1215/2012 and Art. 23(1) of the Lugano Convention). If one of the parties becomes insolvent, the other party is faced with the following questions: Am I still bound by the exclusive jurisdictional clause? Can I still rely on it? Can I bring proceedings at the seat of the insolvent party instead? Do I need to do so?