SWITZERLAND Law and Practice Contributed by: Aurélie Conrad Hari, Pascal Hachem, Julien Renaud and Arthur M. Urben, Bär & Karrer
5. Key Trends 5.1 Impact of Key Trends
where the likelihood for appellants to succeed is sta- tistically less than 10%), as well as recognition and enforcement of foreign awards (which are routinely enforced). Arbitration can be faster and more flexible than court proceedings. 3.13 Judgments and Enforcement of Judgments In the context of collective redress mechanisms in Switzerland, the nature of the judgment delivered and its binding effect – as well as the mechanisms for enforcement – are shaped by the specific procedural instruments and legal frameworks in place (see 2.1 Collective Redress and Class Action Legislation ). The enforcement of judgments in collective redress mechanisms follows the general principles and proce- dures outlined in the SCCP for non-monetary claims (Articles 335 et seq of the SCCP) and other relevant laws, such as the DEBA for monetary claims. The potential enactment of a collective redress mech- anism under Swiss law has already been debated on multiple occasions and is a recurring topic. A reform proposal had once again been under con- sideration in the Swiss Parliament, but it was rejected in 2025. After the National Council voted it down (by 112 to 74), the Council of States debated the draft on 15 September 2025 and rejected it in turn (by 30 to 13) (for details, see 1.1 History and Policy Drivers of 4. Legislative Reform 4.1 Policy Development
Collective redress and class actions are largely absent from the Swiss legal landscape, leaving few discern- ible trends. That said, the following recent cases high- light the growing need for more effective mechanisms to address mass harm claims. • The Volkswagen emissions scandal (“Dieselgate”) ‒ this case exposed significant shortcomings in Swiss law, particularly the absence of efficient col- lective redress mechanisms such as class actions. • Credit Suisse takeover by UBS ‒ the acquisition of Credit Suisse by UBS for CHF3 billion (approxi- mately 94% below Credit Suisse’s book value) sparked numerous shareholder actions under Arti- cle 105 of the MergA (see 2.2 Scope of Areas of Law to Which the Legislation Applies ). This provi- sion allows shareholders to seek judicial review of merger exchange ratios or compensation deemed inappropriate. Multiple cases are now pending before Swiss courts. • Climate litigation before the ECHR – having exhausted all available domestic legal remedies, a group of elderly Swiss women successfully argued that Switzerland failed to adopt adequate climate policies, with the ECHR recognising EU member states’ positive obligation to reduce greenhouse gas emissions. This decision provides a framework for future climate-related claims. These developments demonstrate that, in limited circumstances, collective redress may be pursued in Switzerland despite the absence of formal class action mechanisms. However, such actions face sig- nificant hurdles.
the Legislative Regime ). 4.2 Legislative Reform
There is no legislative reform aimed at enhancing collective redress mechanisms in Switzerland at the moment (for details, see 1.1 History and Policy Driv- ers of the Legislative Regime ).
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