Swiss Code Of Civil Procedure: First Developments And Trends

In the two and a half years since the Swiss Code of Civil Procedure came into force, cantonal and federal case law have clarified a number of questions relevant for practice. In particular the Federal Supreme Court seems intent on implementing the legislature's objective to unify civil procedure law.

1 INTRODUCTION

On 1 January 2011, the Swiss Code of Civil Procedure ("CCP") came into effect, which replaced the former 26 cantonal codes of civil procedure and brought about a nationwide unification of civil procedure law. The first two and a half years since the Swiss Code of Civil Procedure entered into force were marked by intensive legal discussions about issues arising in practice when applying the new codification. Cantonal courts and the Federal Supreme Court have already rendered a series of decisions which clarified a number of questions relevant for practice.