ARTICLE · 19 FEBRUARY 2026

Torpedo Lawsuits And Pendency Rules In Switzerland

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The Swiss Federal Supreme Court's decision 5A_114/2025 confirms that a case becomes pending as soon as an optional conciliation request is filed, even if the authorities make formal mistakes.

EswatiniLitigation, Mediation & Arbitration

Chloé Terrapon

Johanna Hädinger

Léonie Reinhart

The Swiss Federal Supreme Court's decision 5A_114/2025 confirms that a case becomes pending as soon as an optional conciliation request is filed, even if the authorities make formal mistakes. This provides greater certainty when securing Switzerland as a jurisdictional forum and helps better protect against torpedo tactics in cross‑border disputes.

Phenomenon of torpedo lawsuits

Pendency (lis pendens) plays an important role in international civil procedure law. In principle, the court first seized in the matter has jurisdiction.The exact moment at which a lawsuit becomes pending may determine both the competent court and the substantive law that will apply. The relevant national law is decisive in determining the point in time for pendency.

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