SWITZERLAND Law and Practice Contributed by: Yves Klein, Monfrini Bitton Klein
2.7 Register of Domestic Judgments There is no central or decentralised register of Swiss judgments. 3. Foreign Judgments 3.1 Legal Issues Concerning Enforcement of Foreign Judgments Switzerland is a party to the Lugano Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters 2007 between members of the European Union and mem - bers of the European Free Trade Association other than Liechtenstein (Switzerland, Norway and Iceland). It should be noted that as a consequence of Brexit, the United Kingdom is, since 2021, no longer covered by the LC. United Kingdom judgments issued until the end of the transition period, namely 31 December 2020, may continue to be enforced under the LC. Switzerland is also a party to bilateral conventions on the recognition and enforcement of judgments with Austria, Belgium, the Czech Republic, Germany, Italy, Liechtenstein, Slovakia, Spain and Sweden. The typi - cal issues concern whether the action was properly served, whether the court was competent on the basis of Swiss private international law or an interna - tional treaty, whether the judgment is enforceable and whether it breached Swiss public policy. 3.2 Variations in Approach to Enforcement of Foreign Judgments As for Swiss judgments, the proceedings of enforce - ment of foreign judgments differ if they are money or non-money judgments. The other main difference in the approach to the enforcement of foreign judgments is whether they were issued in the context of the LC or whether they are governed by the general clauses of the Private International Law Act (PILA). 3.3 Categories of Foreign Judgments Not Enforced The following foreign judgments are not enforced in Switzerland: • declaratory judgments; • judgments of enforcement;
of those in the Federal Court, which are typically up to CHF20,000. The length of the proceedings varies from one canton to another. Debt enforcement offices typically carry out their measures within days. When judicial objec - tions are filed, a decision of the first instance, in sum - mary proceedings, is typically issued within three to six months. Cantonal appeal courts and the Federal Court typically issue their decision within three to six months. Non-Money Judgments In total, the costs and court fees regarding the enforcement of a Swiss non-money judgment rare - ly exceed CHF10,000 in total, with the exception of appeals to the Federal Court, which are typically up to CHF20,000. The length of the proceedings varies from one canton to another, but they are typically con - cluded within a year. It is only when the stages of seizure (see 2.2 Enforce- ment of Domestic Judgments under “Seizure pro - ceedings”) or bankruptcy (see 2.2 Enforcement of Domestic Judgments under “Bankruptcy proceed - ings”) are reached in the enforcement of money claims that the debtor is, under the threat of criminal sanc - tions, compelled to disclose their assets. 2.5 Challenging Enforcement of Domestic Judgments From a procedural perspective, a typical defence against the enforcement of a Swiss default judgment is to challenge that it was properly served. On the merits, a typical defence is that the obligation does not exist or no longer exists, or that it has been sus - pended. 2.6 Unenforceable Domestic Judgments Declaratory judgments, by their very nature, are unen - forceable. Judgments that are final and binding but of which enforcement has been suspended by a court are not enforceable. 2.4 Post-Judgment Procedures for Determining Defendants’ Assets
483 CHAMBERS.COM
Powered by FlippingBook