Why must a foreign judgment be recognized in Switzerland?
Even a binding foreign court judgment cannot automatically be enforced in Switzerland. If it is to be used against a debtor or if assets in Switzerland are to be accessed, the ruling must be recognized and declared enforceable by a competent Swiss court.
The procedure depends on the country of origin, the subject matter of the dispute, and applicable international conventions. The aim is to grant the decision the legal effect required to enforce a foreign judgment in Switzerland.
When is the recognition and enforcement of a foreign judgment required?
Such proceedings are required in particular when:
an awarded amount must be collected from a debtor in Switzerland;
bank accounts, real estate, company shares, or other assets need to be accessed;
the judgment is to be used in Swiss debt collection proceedings;
contractual obligations need to be enforced;
a decision regarding the dissolution or invalidity of a contract needs recognition;
the decision is to be used in corporate or property disputes;
a foreign arbitral award needs to be recognized and enforced.
What does the Swiss court review?
The Swiss court does not re-examine the foreign proceedings and generally does not review the merits of the case. However, it verifies whether the statutory requirements for recognition and enforcement of foreign court decisions are met.
Key considerations include:
the jurisdiction of the foreign court;
the finality or enforceability of the decision;
proper service of process and notification of the parties;
due process and the right to be heard;
compatibility with Swiss public policy (ordre public).
