Enforcement Of Judgments

1. IDENTIFYING ASSETS IN THE JURISDICTION

1.1 Options to Identify Another Party's Asset Position

The identification of the debtor's assets is key in the enforcement of judgments or awards. Under Swiss law, the resources available to a party to identify another party's assets are quite limited, save for the information which is publicly available. Indeed, there is no disclosure order that can be obtained in Switzerland according to which the debtor is obliged to disclose all its assets. Such disclosure will only occur at a late stage of the debt enforcement proceedings according to the Debt Enforcement and Bankruptcy Act (DEBA), meaning that such a debt enforcement or bankruptcy proceeding is first to be initiated. Such recovery proceedings can only occur in Switzerland provided that the debtor is domiciled or seated in Switzerland or has assets located in Switzerland that have triggered an attachment to be ordered here.