How to Have a Foreign Judgment Recognized and Enforced in Switzerland ?

The recognition and enforcement of foreign judgments in Switzerland depend primarily on the country from which the judgment originates. Determining the issuing country allows one to identify the applicable legal framework — whether it is the Lugano Convention of 30 October 2007 (LC), the Federal Act on Private International Law of 18 December 1987 (PILA), or another bilateral or multilateral convention binding Switzerland and the other State, if that convention is more favorable than the PILA. Furthermore, in certain specific matters, multilateral conventions take precedence over other conventions (for example, in matters of divorce).

When a judgment originates from another State that is a party to the Lugano Convention, its recognition is automatic, meaning that no special procedure is required (Art. 32 LC). To obtain its enforcement, a request must be submitted to the competent Swiss authority. The authority will then issue a decision on the application for a declaration of enforceability, which may be appealed by both the applicant and the respondent. It should be noted that compliance with the formal requirements set out in Art. 53 LC is sufficient for the competent authority to declare the decision enforceable.

When the judgment does not originate from a State party to the Lugano Convention, the PILA generally applies, as its regime is often more favorable than that provided under bilateral treaties. Article 25 PILA lays down the conditions for the recognition of a foreign judgment.

These are:

1. the existence of a judgment capable of recognition and, if applicable, enforcement;

2. that the foreign court had proper jurisdiction; and

3. that there are no grounds for refusal within the meaning of Art. 27 PILA, namely no violation of Swiss substantive or procedural public policy.

A decision meeting these conditions is recognized ipso jure (automatically). However, under the PILA, enforcement is subject to an adversarial procedure from the outset. The applicant must submit an enforcement request to the competent authority. During this procedure, the opposing party is heard and may present its arguments (Art. 29 para. 2 PILA). If the competent authority grants the request, it declares the foreign decision enforceable and proceeds with its execution.

These are the minimum conditions laid down by the PILA, which must then be implemented through the rules governing debt collection and bankruptcy proceedings (for enforcement involving monetary claims or securities) or the Swiss Code of Civil Procedure (for other forms of enforcement).