SWITZERLAND Law and Practice Contributed by: Yves Klein, Monfrini Bitton Klein
residence, and the requirements provided in Article 120 (1) of the PILA are met; (c) if the decision relates to a claim under an employment contract and was rendered at the place of the establishment or at the place of work, and the employee was not domiciled in Switzerland; (d) if the decision relates to a claim arising out of the operation of an establishment and was ren - dered at the location of that establishment; (e) if the decision relates to unjust enrichment and was rendered at the place where the act or result occurred, and the defendant was not domiciled in Switzerland; or (f) if the decision relates to an obligation in tort and was rendered at the place where the act or the result occurred, and the defendant was not domiciled in Switzerland (Article 149, PILA). • Foreign decisions on matters concerning trust law are recognised in Switzerland: (a) if they were rendered by a court that was val - idly designated pursuant to Article 149b(1) of the PILA; (b) if they were rendered in the state in which the defendant was domiciled, was habitually resi - dent or had their establishment; (c) if they were rendered in the state in which the trust had its seat; (d) if they were rendered in the state whose law applies to the trust; or (e) if they are recognised in the state in which the trust has its seat, provided the defendant was not domiciled in Switzerland (Article 149e, PILA). • Foreign decisions relating to claims concerning company law are recognised in Switzerland (i) if they were rendered or are recognised in the state of the seat of the company, provided the defendant was not domiciled in Switzerland, or (ii) if they were rendered in the state of the defendant’s domicile or habitual residence. Foreign decisions relating to claims concerning public issues of equity or debt securities based on prospectuses, circulars or similar publications are recognised in Switzer - land if they were rendered in the state in which the equity or debt securities were issued, provided the defendant was not domiciled in Switzerland (Article 165, PILA).
• A foreign bankruptcy decree shall be recognised in Switzerland if the decision was issued (i) in the debtor’s state of domicile, or (ii) in the state of the centre of the debtor’s main interests, provided the debtor was not domiciled in Switzerland when the foreign proceedings were opened (Article 166, PILA). The proceedings of enforcement of foreign judgments are adversary and are conducted through summary proceedings. 3.5 Costs and Time Taken to Enforce Foreign Judgments While not procedurally more complex than domes - tic judgments, the enforcement of foreign judgments tends to be more contested, thus leading to costlier and more protracted litigation. The fees and adverse party costs and time mentioned under 2.3 Costs and Time Taken to Enforce Domestic Judgments should therefore be doubled. 3.6 Challenging Enforcement of Foreign Judgments The defences against the enforcement of a foreign judgment are more numerous than for domestic judg - ments, especially if they are governed by the PILA rather than the LC. Challenging the Enforcement of a Judgment Under the LC The defences are limited to Articles 34 and 35 of the LC. Under Article 34 of the LC, a judgment cannot be rec - ognised: • if recognition is manifestly contrary to public policy in the state in which recognition is sought; • where it was given in default of appearance, if the defendant was not served with the document that instituted the proceedings or with an equivalent document in sufficient time and in such a way as to enable it to arrange a defence, unless the defend - ant failed to commence proceedings to challenge the judgment when it was possible to do so;
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