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ARTICLE · 20 MAY 2016

Switzerland Dispute Resolution Law Guide 2016

Prager Dreifuss AG
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In Switzerland, litigation is usually preceded by an attempt at conciliation before a conciliation authority.

SwitzerlandLitigation, Mediation & Arbitration

1. What is the structure of the court system in respect of civil proceedings?

In Switzerland, litigation is usually preceded by an attempt at conciliation before a conciliation authority. In some instances, trial parties may approach the court directly (see question 6 s.).

In principle, Switzerland has a three-tiered court system in private law matters: a district court acting as a court of first instance, a court of appeal or high court in the second instance and the Federal Supreme Court as the highest body of appeal. Further, there exist specialised first instance courts such as labour courts or courts dealing with rental matters. In four major cantons, commercial courts have been set up. Cases brought before such commercial courts only have one tier of appeal as judgments by the commercial courts can only be appealed to the Federal Supreme Court.

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