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ARTICLE · 24 APRIL 2015

The International Comparative Legal Guide To: Litigation & Dispute Resolution 2015

Bär & Karrer Ltd.
Bär & Karrer Ltd.
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Bär & Karrer Ltd.

Bär & Karrer Ltd.

Bär & Karrer is a leading Swiss law firm with more than 200 lawyers in Zurich, Geneva, Lugano, Zug,...

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A practical cross-border insight into litigation and dispute resolution work.

SwitzerlandLitigation, Mediation & Arbitration
Matthew Reiter
Matthew Reiter
Simone Stebler
Simone Stebler
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I. LITIGATION

1 Preliminaries

1.1 What type of legal system has Switzerland got? Are there any rules that govern civil procedure in Switzerland?

Switzerland is a civil law jurisdiction. Accordingly, the primary sources of legal authority are written codes and statutes, whereas case law is of less importance than in common law jurisdictions.

Civil procedure in Switzerland is primarily governed by the Swiss Code of Civil Procedure ("SCCP"). The SCCP comprehensively governs civil procedure in Switzerland and domestic arbitration proceedings. Further important sources of civil procedure are the Swiss Federal Act on Private International Law ("PILA") and the Lugano Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters of 30 October 2007 ("Lugano Convention") dealing with the question of jurisdiction in cross-border matters. The PILA moreover regulates international arbitrations with a seat in Switzerland.

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