Where this Act does not provide for special jurisdiction, the Swiss judicial or administrative authorities at the defendant's domicile have jurisdiction.

Where this Act does not provide for jurisdiction in Switzerland and proceedings abroad are impossible or cannot reasonably be required, the Swiss judicial or administrative authorities at the place with which the case has a sufficient connection have jurisdiction.

Where this Act does not provide for any other forum in Switzerland, the action to validate an attachment may be brought at the Swiss forum of the attachment.

1 In matters involving an economic interest, the parties may agree on the court that will have to decide any existing or future dispute arising from a specific legal relationship. The agreement may be done in writing, by telegram, telex, telefax or any other means of communication allowing it to be evidenced by text. Unless otherwise agreed, the choice of forum is exclusive.

2 The choice of forum has no effect if it results in abusively depriving a party from the protection granted to it by a forum provided by Swiss law.

3 The chosen court may not decline jurisdiction:

a.

if a party is domiciled or has its habitual residence or an establishment in the canton of the chosen court; or

b.

if, pursuant to this Act, Swiss law is applicable to the dispute.

In matters involving an economic interest, the court before which the defendant proceeds on the merits without reservation has jurisdiction, unless such court declines jurisdiction to the extent permitted by Article 5 paragraph 3.

If the parties have entered into an arbitration agreement with respect to an arbitrable dispute, any Swiss court before which such dispute is brought shall decline jurisdiction, unless:

a.

the defendant has proceeded on the merits without reservation;

b.

the court finds that the arbitration agreement is null and void, inoperative or incapable of being performed; or

c.

the arbitral tribunal cannot be appointed for reasons that are clearly attributable to the defendant in the arbitration.

The court before which the main claim is brought also hears any counterclaim, provided there is a factual connection between the main claim and the counterclaim.

1 If an action is brought against several co-defendants who may be sued in Switzerland pursuant to this Act, the Swiss court that has jurisdiction over one defendant has jurisdiction over all of them.

2 If two or more claims having a factual connection between them can be brought in Switzerland pursuant to this Act against the same defendant, any Swiss court having jurisdiction over one of such claims has jurisdiction over all of them.

A Swiss court having jurisdiction for the main action also has jurisdiction for a third party action, provided a court in Switzerland has jurisdiction over such third party pursuant to this Act.

Where it is admissible to pursue civil claims in criminal proceedings, the Swiss court which is seized of the criminal proceedings also has jurisdiction for the civil claims, provided a court in Switzerland has jurisdiction for such claims under this Act.

1 If an action having the same subject matter is already pending between the same parties abroad, the Swiss court shall stay the case if it is to be expected that the foreign court will, within a reasonable time, render a decision capable of being recognised in Switzerland.

2 In order to determine when an action has been initiated in Switzerland, the conclusive date is that of the first act necessary to initiate the proceedings. A notice to appear for conciliation is sufficient.

3 The Swiss court shall terminate its proceedings as soon as it is presented with a foreign decision capable of being recognised in Switzerland.

Jurisdiction to order interim measures lies with:

a.

the Swiss courts or authorities that have jurisdiction for the main action; or

b.

the Swiss courts or authorities at the place where the measure is to be enforced.

Requests for legal assistance between Switzerland and other states are facilitated by the Federal Office of Justice.

1 Acts of legal assistance are carried out in Switzerland in accordance with Swiss law.

2 Foreign forms of procedure may also be followed or taken into consideration on application of the requesting authorities where this is necessary for the recognition of a right abroad and provided there are no important countervailing reasons relating to the person involved.

3 If a form of procedure under Swiss law is not recognised abroad and as a result a right deemed worthy of protection would not be upheld there, the Swiss courts or authorities may issue documents or take a person's oath pursuant to the form required by the foreign law.

4 The Hague Convention of 1 March 1954¹⁴ on Civil Procedure applies to requests to and from Switzerland for service and the taking of evidence.

Advance of costs and security for party costs are governed by the Civil Procedure Code of 19 December 2008¹⁶ (CPC).

Legal aid is granted to persons domiciled abroad under the same conditions as apply to persons domiciled in Switzerland.

Reference to a foreign law in this Act includes all the provisions which under that law are applicable to the case. The application of a foreign law is not precluded by the mere fact that a provision is considered to have public law character.

1 If the applicable law refers back to Swiss law or to another foreign law, such renvoi shall be taken into account only if this Act so provides.

2 In matters of personal or family status, a renvoi from the foreign law to Swiss law is accepted.

1 As an exception, the law referred to by this Act is not applicable if, considering all the circumstances, it is apparent that the case has only a very loose connection with that law and that the case has a much closer connection with another law.

2 This provision does not apply where a choice of law has been made.

1 The content of the foreign law shall be established by the authorities on their own motion. For this purpose, the cooperation of the parties may be requested. In matters involving an economic interest, the task of establishing foreign law may be assigned to the parties.

2 Swiss law applies if the content of the foreign law cannot be established.

The application of provisions of foreign law is excluded if such application leads to a result that is incompatible with Swiss public policy.

Mandatory provisions of Swiss law which, by reason of their special purpose, are applicable regardless of the law referred to by this Act are reserved.

1 If interests that are legitimate and clearly preponderant according to the Swiss conception of law so require, a mandatory provision of a law other than the one referred to by this Act may be taken into consideration, provided the situation dealt with has a close connection with that other law.

2 In deciding whether such a provision is to be taken into consideration, consideration shall be given to its purpose and the consequences of its application, in order to reach a decision that is appropriate having regard to the Swiss conception of law.

1 Within the meaning of this Act, a natural person:

a.

has their domicile in the state where they reside with the intent of establishing permanent residence;

b.

has their habitual residence in the state where they live for a certain period of time, even if this period is of limited duration from the outset;

c.

has their establishment in the state where the centre of their professional or commercial activities is located.

2 No person may have more than one domicile at the same time. If a person does not have a domicile anywhere, the habitual residence is the relevant place. The provisions of the Civil Code¹⁹ relating to domicile and residence do not apply.

1 For companies and trusts pursuant to Article 149a, the seat is deemed to be the domicile.

2 The seat of a company is deemed to be located at the place designated in the articles of incorporation or in the articles of association. In the absence of such a designation, the seat is located at the place where the company is administered in fact.

3 The seat of a trust is deemed to be located at the place of administration, as designated in the trust terms in writing or in any other form which permits evidence by text. In the absence of such a designation, the seat is deemed to be located at the place where the trust is administered in fact.

4 The establishment of a company or a trust is located in the state where its seat is located or in any state where one of its branches is located.

The citizenship of a natural person is determined according to the law of the state of the citizenship in question.

1 If a person has one or more foreign citizenships in addition to Swiss citizenship, jurisdiction based on citizenship is determined by reference to Swiss citizenship only.

2 If a person has more than one citizenship, the citizenship of the state with which such person is most closely connected is exclusively relevant in determining the applicable law, unless this Act provides otherwise.

3 If recognition of a foreign decision in Switzerland depends on a person's citizenship, it is sufficient to take into consideration one of such person's citizenships.

1 A person is considered to be stateless when they are recognised as such pursuant to the New York Convention of 28 September 1954²¹ Relating to the Status of Stateless Persons, or when such person's relationship to their national state is severed to such an extent that their situation is equivalent to that of a stateless person.

2 A person is deemed to be a refugee when they are recognised as such pursuant to the Asylum Act of 5 October 1979²².

3 Where this Act applies to stateless persons and to refugees, domicile replaces citizenship.

A foreign decision is recognised in Switzerland:

a.

if the judicial or administrative authorities of the state where the decision was rendered had jurisdiction;

b.

if the decision is no longer subject to any ordinary appeal or if it is a final decision; and

c.

if there is no ground for denial under Article 27.

Foreign authorities have jurisdiction:

a.

if jurisdiction derives from a provision of this Act or, in the absence of such a provision, if the defendant was domiciled in the state in which the decision was rendered;

b.

if, in matters involving an economic interest, the parties submitted to the jurisdiction of the authority that rendered the decision by means of an agreement valid under this Act;

c.

if, in matters involving an economic interest, the defendant proceeded on the merits without reservation;

d.

if, in the case of a counterclaim, the authority that rendered the decision had jurisdiction to hear the main claim and if there is a factual connection between the claim and counterclaim.

1 A foreign decision is not recognized in Switzerland if recognition is manifestly incompatible with Swiss public policy.

2 Recognition of a decision shall also be denied if a party establishes:

a.

that it did not receive proper notice under either the law of its domicile or that of its habitual residence, unless the party proceeded on the merits without reservation;

b.

that the decision was rendered in violation of fundamental principles of Swiss procedural law, including the fact that the party concerned was denied the right to be heard;

c.

that a dispute between the same parties and with respect to the same subject matter has been initiated in Switzerland first or has already been decided there, or that such dispute has previously been decided in a third state, provided the latter decision fulfils the requirements for recognition in Switzerland.

3 Other than that, the foreign decision may not be reviewed on the merits.

A decision that is recognised pursuant to Articles 25 to 27 is declared enforceable at the request of the interested party.

1 The request for recognition or enforcement must be filed with the competent authority of the canton where the foreign decision is relied on. The request must be accompanied:

a.

by a complete and certified copy of the decision;

b.

by a statement certifying that no ordinary appeal can be lodged against the decision or that it is final; and

c.

in case of a default judgment, by an official document establishing that the defaulting party was given proper notice and had the opportunity to present its defence.

2 The party opposing recognition and enforcement has the right to be heard; such party may present their defence.

3 If a foreign decision is relied on with respect to a preliminary issue, the authority seized may itself rule on the recognition.

Articles 25 to 29 apply to court-approved settlements that are deemed equivalent to a court decision in the state where they have been entered.

Articles 25 to 29 apply by analogy to the recognition and enforcement of a decision or a legal document issued in non-contentious matters.

1 A foreign decision or legal document regarding civil status shall be registered in the Swiss civil status registers if so ordered by the cantonal supervisory authority.

2 The entry is authorised if the requirements set out in Articles 25 to 27 are met.

3 The persons concerned shall first be heard if it is not established that the rights of the parties have been sufficiently respected during the proceedings in the foreign state where the decision was rendered.

1 The Swiss authorities have jurisdiction to celebrate a marriage if one of the prospective spouses is domiciled in Switzerland or has Swiss citizenship.

2 Foreign prospective spouses without Swiss domicile may also be authorised by the competent authority to marry in Switzerland, if the marriage is recognised in the state of domicile or citizenship of both of them.

3 Such authorisation may not be denied on the sole ground that a divorce granted or recognised in Switzerland is not recognised abroad.

The celebration of marriage in Switzerland is governed by Swiss law.

1 A marriage validly celebrated abroad is recognised in Switzerland.

2 If either prospective spouse is a Swiss citizen or if both have their domicile in Switzerland, a marriage celebrated abroad is recognized, unless it was celebrated with the manifest intent of circumventing the Swiss provisions on annulment of marriage.²⁴

3 A marriage validly celebrated abroad between persons of the same sex is recognised in Switzerland as a registered partnership.²⁵

1 The Swiss courts at the domicile or, in the absence of a domicile in Switzerland, those at the place of celebration of the marriage or the place of origin of either spouse have jurisdiction to hear an action for annulment of marriage.

2 The action is governed by Swiss law.

3 Articles 62 to 64 apply by analogy to interim measures and to the consequences of an annulment.

4 Foreign decisions on annulment of marriage are recognised in Switzerland if they were rendered in the state where the marriage was celebrated. Article 65 applies by analogy if the action was brought by one of the spouses.

The Swiss judicial or administrative authorities at the domicile or, in the absence of a domicile, those at the habitual residence of either spouse have jurisdiction to hear actions or to order measures relating to the effects of marriage.

If neither spouse has domicile or habitual residence in Switzerland, and if at least one of them is a Swiss citizen, the judicial or administrative authorities at the place of origin have jurisdiction to hear actions or to order measures relating to the effects of marriage, provided such action or request cannot be filed or cannot reasonably be expected to be filed at the domicile or habitual residence of either spouse.

1 The effects of marriage are governed by the law of the state in which the spouses are domiciled.

2 If the spouses are not domiciled in the same state, the effects of marriage are governed by the law of that state of domicile with which the case has the closest connection.

3 Where the Swiss judicial or administrative authorities at the place of origin have jurisdiction pursuant to Article 47, they shall apply Swiss law.

Maintenance obligations between spouses are governed by the Hague Convention of 2 October 1973²⁷ on the Law applicable to Maintenance Obligations.

Foreign decisions or measures relating to the effects of marriage are recognised in Switzerland if they were rendered in the state of domicile or habitual residence of either spouse.

The following courts or authorities have jurisdiction to hear actions and to order measures relating to marital property:

a.

with respect to the liquidation of the marital property regime on the death of one of the spouses: the Swiss judicial or administrative authorities that have jurisdiction to settle the estate (Art. 86 to 89);

b.

with respect to the liquidation of the marital property regime on divorce or separation: the Swiss judicial authorities that have jurisdiction in that respect (Art. 59, 60, 63, 64);

c.

in all other cases: the Swiss judicial or administrative authorities that have jurisdiction to rule on the effects of marriage (Art. 46, 47).

1 Marital property relations are governed by the law chosen by the spouses.

2 The spouses may choose the law of the state in which they are both domiciled or will be domiciled after the celebration of marriage, or the law of a state of which either of them is a citizen. Article 23 paragraph 2 does not apply.

1 A choice of law must be agreed in writing or result with certainty from the provisions of a marital agreement; in all other respects, it is governed by the chosen law.

2 A choice of law may be made or amended at any time. A choice of law made after the celebration of marriage has retroactive effect as of the celebration date, unless the parties agree otherwise.

3 The chosen law remains applicable as long as the spouses have not amended or revoked their choice.

1 In the absence of a choice of law, marital property relations are governed:

a.

by the law of the state in which both spouses are domiciled at the same time, or, if that is not the case,

b.

by the law of the state in which both spouses were last domiciled at the same time.

2 If the spouses have never been domiciled at the same time in the same state, the law of their common citizenship applies.

3 Spouses who have never been domiciled in the same state and who do not have a common citizenship are subject to the Swiss rules on separation of property.

1 If the spouses transfer their domicile from one state to another, the law of the new domicile applies with retroactive effect as from the date of the celebration of marriage. Spouses may exclude retroactivity by written agreement.

2 A change of domicile has no effect on the applicable law if the spouses have agreed in writing that the former law shall remain applicable or if they are bound by a marital agreement.

A marital agreement is valid as to form if it satisfies the requirements of the law applicable to the agreement or the requirements of the law of the place where the agreement was concluded.

1 The effects of the marital property regime on a legal relationship between a spouse and a third party are governed by the law of the state in which that spouse was domiciled at the time when the legal relationship arose.

2 However, these effects are governed by the law applicable to the marital property regime if the third party knew or should have known that law at the time when the legal relationship arose.

1 Foreign decisions relating to marital property relations are recognised in Switzerland:

a.

if they were rendered, or are recognised, in the state of domicile of the defendant spouse;

b.

if they were rendered, or are recognised, in the state of domicile of the plaintiff spouse, provided the defendant spouse was not domiciled in Switzerland;

c.

if they were rendered, or are recognised, in the state whose law applies to the marital property relations pursuant to this Act; or

d.

to the extent that they relate to immovable property, if they were rendered, or are recognised, in the state in which the respective property is located.

2 The recognition of decisions relating to marital property relations rendered in the context of measures protecting the marital union, or on a death, a declaration of nullity of marriage, a divorce or a separation is governed by the provisions of this Act relating to the general effects of marriage, divorce or succession (Art. 50, 65 and 96).

The following courts have jurisdiction to hear an action for divorce or separation:

a.

the Swiss courts at the domicile of the defendant spouse;

b.

the Swiss courts at the domicile of the plaintiff spouse, provided he or she has been residing in Switzerland for at least a year or is a Swiss citizen.

If the spouses are not domiciled in Switzerland and at least one of them is a Swiss citizen, the courts at the place of origin have jurisdiction to hear an action for divorce or separation, provided the action cannot or cannot reasonably be expected to be brought at the domicile of either spouse.

Divorce and separation are governed by Swiss law.

1 A Swiss court before which an action for divorce or separation is pending has jurisdiction to order interim measures, except if such court clearly lacks jurisdiction to decide on the merits or if such lack of jurisdiction is established in a decision that has come into force.

2 Interim measures are governed by Swiss law.

3 The provisions of this Act regarding maintenance obligations between spouses (Art. 49), the effects of a parent-child relationship (Art. 82 and 83), and the protection of minors (Art. 85) are reserved.

1 Swiss courts that have jurisdiction to hear an action for divorce or separation also have jurisdiction to rule on the subsequent effects thereof. The provisions of this Act relating to the protection of minors (Art. 85) are reserved.²⁹

1bis Swiss courts have exclusive jurisdiction to rule on claims for the division of occupational pension entitlements against a Swiss pension fund.³⁰

2 The subsequent effects of divorce and separation are governed by Swiss law.³¹ The provisions of this Act relating to the name (Art. 37 to 40), to maintenance obligations between spouses (Art. 49), to marital property relations (Art. 52 to 57), to the effects of a parent-child relationship (Art. 82 and 83), and to the protection of minors (Art. 85) are reserved.

1 Swiss courts have jurisdiction to hear an action to supplement or amend a decree of divorce or separation if they have issued such a decree or if they have jurisdiction pursuant to Articles 59 or 60. The provisions of this Act regarding the protection of minors (Art. 85) are reserved.

1bis Swiss courts have exclusive jurisdiction to rule on claims for the division of occupational pension entitlements against a Swiss pension fund. In the absence of jurisdiction under paragraph 1, the Swiss courts at the seat of the pension fund have jurisdiction.³²

2 Actions for supplementing or amending a divorce or a separation decree are governed by Swiss law.³³ The provisions of this Act relating to the name (Art. 37 to 40), to maintenance obligations between spouses (Art. 49), to marital property relations (Art. 52 to 57), to the effects of a parent-child relationship (Art. 82 and 83), and to the protection of minors (Art. 85) are reserved.

1 Foreign decrees of divorce or separation are recognised in Switzerland if they were issued in the state of domicile or habitual residence, or in the state of citizenship of either spouse, or if they are recognised in one of these states.

2 However, a decree that was issued in a state of which neither spouse or only the plaintiff spouse is a citizen is recognised in Switzerland only:

a.

if, at the time of filing the action, at least one of the spouses was domiciled or had his or her habitual residence in that state and the defendant spouse was not domiciled in Switzerland;

b.

if the defendant spouse submitted to the jurisdiction of the foreign court without reservation; or

c.

if the defendant spouse expressly consents to recognition of the decree in Switzerland.

The Swiss courts at the child's habitual residence or at either parent's domicile have jurisdiction to hear an action to declare or contest a parent-child relationship.

If the parents are not domiciled in Switzerland and the child does not have his or her habitual residence there, the courts at the Swiss place of origin of either parent have jurisdiction to hear an action to declare or contest a parent-child relationship, provided the action cannot or cannot reasonably be expected to be brought at either parent's domicile nor at the child's habitual residence.

1 The formation, declaration and contesting of a parent-child relationship are governed by the law of the state of the child's habitual residence.

2 However, if neither parent is domiciled in the state of the child's habitual residence and if the parents and the child are citizens of the same state, the law of that state applies.

1 For the determination of the law applicable to the formation, declaration or contesting of a parent-child relationship, the date of birth is decisive.

2 However, in case of a judicial declaration or contesting of a parent-child relationship, the date of the action is decisive if a preponderant interest of the child so requires.

Foreign decisions relating to the declaration or contesting of a parent-child relationship are recognised in Switzerland if they were rendered in the state of the child's habitual residence or in the child's state of citizenship, or in the state of domicile or the state of citizenship of the mother or the father.

1 The Swiss authorities at the child's place of birth or habitual residence, as well as those of the domicile or the place of origin of the mother or the father, have jurisdiction to receive the acknowledgment of a child.

2 When an acknowledgment takes place in judicial proceedings in which the parent-child relationship is legally relevant, the judge seized with the lawsuit may also receive the acknowledgment.

3 The courts that have jurisdiction to hear an action to declare or contest a parent-child relationship (Art. 66 and 67) also have jurisdiction to rule on a challenge of an acknowledgment.

1 An acknowledgment in Switzerland may be made in accordance with the law of the state of the child's habitual residence, the law of the child's state of citizenship, or the law of the domicile or of the state of citizenship of the mother or the father. The date of the acknowledgment is decisive.

2 The form of an acknowledgment in Switzerland is governed by Swiss law.

3 The challenge of an acknowledgment is governed by Swiss law.

1 The acknowledgment made abroad is recognised in Switzerland, if it is valid in the state of the child's habitual residence, in the child's state of citizenship, or in the state of domicile or the state of citizenship of the mother or the father.

2 Foreign decisions on the challenge of an acknowledgment are recognised in Switzerland if they were rendered in one of the states mentioned in paragraph 1.

Article 73 applies by analogy to the recognition of a foreign legitimation.

1 The Swiss judicial or administrative authorities at the domicile of the adopting person or adopting spouses have jurisdiction to pronounce the adoption.

2 Courts that have jurisdiction to hear actions to declare or contest a parent-child relationship (Art. 66 and 67) also have jurisdiction to decide on challenges of adoptions.

The Swiss judicial or administrative authorities at the place of origin have jurisdiction to pronounce an adoption, if the adopting person or adopting spouses are not domiciled in Switzerland and at least one of them is a Swiss citizen and if they cannot or cannot reasonably be expected to adopt at the place of their foreign domicile.

1 The requirements for an adoption in Switzerland are governed by Swiss law.

2 Where it appears that an adoption would not be recognised in the state of domicile or the state of citizenship of the adopting person or adopting spouses and that serious prejudice would result for the child, the authority shall also take account of the requirements under the law of the respective state. If, even then, recognition does not appear to be assured, the adoption shall not be pronounced.

3 An action to challenge an adoption pronounced in Switzerland is governed by Swiss law. An adoption pronounced abroad may be challenged in Switzerland only if a ground for challenge also exists under Swiss law.

1 Adoptions pronounced abroad are recognised in Switzerland if they were pronounced in the state of domicile or the state of citizenship of the adopting person or adopting spouses.

2 Adoptions and similar acts pronounced abroad that have effects substantially different from a parent-child relationship under Swiss law are recognised in Switzerland only with the effects that are attached to them in the state where they were pronounced.

1 Swiss courts at the child's habitual residence or those of the domicile or, in the absence of a domicile, of the habitual residence of the respondent parent have jurisdiction to hear an action relating to the relations between parents and child, including an action relating to child support.

2 The provisions of this Act relating to the name (Art. 33, 37 to 40), the protection of minors (Art. 85) and succession (Art. 86 to 89) are reserved.

If neither the child nor the respondent parent have their domicile or habitual residence in Switzerland and one of them is a Swiss citizen, the courts at the place of origin have jurisdiction.

The Swiss courts referred to in Articles 79 and 80 also have jurisdiction to hear:

a.

claims by authorities which have made advances for maintenance payments;

b.

claims of the mother for maintenance payments and reimbursement of expenses incurred in relation to the birth.

1 The relations between parents and child are governed by the law of the state of the child's habitual residence.

2 However, if neither parent is domiciled in the state of the child's habitual residence and if the parents and the child are citizens of the same state, the law of that state applies.

3 The provisions of this Act relating to the name (Art. 33, 37 to 40), the protection of minors (Art. 85) and succession (Art. 90 to 95) are reserved.

1 Maintenance obligations between parents and child are governed by the Hague Convention of 2 October 1973³⁷ on the Law Applicable to Maintenance Obligations.

2 To the extent that the mother's rights to maintenance and to reimbursement of expenses occasioned by the birth are not dealt with in the said Convention, its provisions apply by analogy.

1 Foreign decisions relating to the relations between parents and child are recognised in Switzerland if they were rendered in the state of the child's habitual residence or in the state of domicile or habitual residence of the respondent parent.

2 The provisions of this Act relating to the name (Art. 39), the protection of minors (Art. 85) and succession (Art. 96) are reserved.

1 The Swiss courts at the domicile or, in the absence of a domicile, at the habitual residence of the defendant have jurisdiction to hear actions arising out of a contract.

2 Moreover, the Swiss courts at the place of the defendant's establishment have jurisdiction to hear actions relating to an obligation arising out of the operation of that establishment.

If the characteristic obligation of the contract is to be performed in Switzerland, the action may also be brought before the Swiss court at the place of performance.

1 An action by a consumer relating to a contract which meets the requirements stated in Article 120 paragraph 1 may be brought at the consumer's choice before the Swiss courts:

a.

at their domicile or habitual residence; or

b.

at the domicile or, in the absence of a domicile, at the habitual residence of the supplier.

2 A consumer cannot waive in advance jurisdiction at their domicile or habitual residence.

1 The Swiss courts at the defendant's domicile or at the place where the employee habitually performs their work have jurisdiction to hear actions relating to an employment contract.

2 An action initiated by an employee may also be brought before the courts at their domicile or habitual residence in Switzerland.

3 Moreover, the Swiss courts at the place where an employee is posted from abroad for a limited period of time to carry out all or part of their work have jurisdiction to hear actions pertaining to the terms of employment and the salary conditions applicable to such work.⁵⁹

1 Contracts are governed by the law chosen by the parties.

2 The choice of law must be express or result with certainty from the provisions of the contract or from the circumstances; apart from that, it is governed by the chosen law.

3 The choice of law may be made or changed at any time. If a choice of law is made after the conclusion of the contract, it has retroactive effect as of the time of conclusion of the contract. The rights of third parties are reserved.

1 In the absence of a choice of law, contracts are governed by the law of the state with which they have the closest connection.

2 Such a connection is presumed to exist with the state of habitual residence of the party that has to perform the characteristic obligation or, if that party has concluded the contract in the exercise of a professional or business activity, with the state where such party has its establishment.

3 Characteristic obligation means in particular:

a.

in contracts for the transfer of title: the transferor's obligation;

b.

in contracts pertaining to the use of property or of a right: the obligation of the party conferring such use;

c.

in agency contracts, contracts for work and other contracts to perform services: the service obligation;

d.

in contracts of deposit: the obligation of the depositary;

e.

in guarantee or suretyship contracts: the obligation of the guarantor or surety.

1 Sales of tangible movable property are governed by the Hague Convention of 15 June 1955⁶⁰ on the Law Applicable to International Sales of Goods.

2 Article 120 is reserved.

1 Contracts relating to immovable property or to the use of immovable property are governed by the law of the state where the property is located.

2 A choice of law is allowed.

3 However, the form of the contract is governed by the law of the state in which the immovable property is located, unless such state allows the application of another law. For immovable property located in Switzerland, the form of the contract is governed by Swiss law.

1 Contracts pertaining to goods or services of ordinary consumption intended for a consumer's personal or family use and not connected with the consumer's professional or business activity are governed by the law of the state of the consumer's habitual residence:

a.

if the supplier received the order in that state;

b.

if the contract was concluded after an offer or advertising in that state and if the consumer performed in that state the acts required to conclude the contract; or

c.

if the consumer was induced by the supplier to go abroad for the purpose of placing the order.

2 No choice of law is allowed.

1 Employment contracts are governed by the law of the state in which the employee habitually performs their work.

2 If the employee habitually performs their work in several states, the employment contract is governed by the law of the state of the establishment or, in the absence of an establishment, of the domicile or habitual residence of the employer.

3 The parties may submit the employment contract to the law of the state in which the employee has their habitual residence or in which the employer has their establishment, domicile or habitual residence.

1 Contracts pertaining to intellectual property are governed by the law of the state in which the transferor or licensor of the intellectual property right has their habitual residence.

2 A choice of law is allowed.

3 Contracts concluded between an employer and an employee concerning rights to intellectual property created by the employee in the course of performing their work are governed by the law applicable to the employment contract.

A party who does not respond to an offer to conclude a contract may invoke the law of the state in which such party has its habitual residence to govern the effects of the silence.

1 As to form, contracts are valid if they meet the requirements set out in the law applicable to them or in the law of the place where they were concluded.

2 The form of a contract concluded between persons who are located in different states is valid if it meets the requirements set out in the law of one of those states.

3 The form of a contract is governed exclusively by the law applicable to the contract itself when, in order to protect a party, such law requires compliance with a specific form, unless that law allows the application of another law.

Performance and inspection modalities are governed by the law of the state in which they are actually carried out.

1 If power of representation is based on a contract, the relationship between the principal and the agent is governed by the law applicable to their contract.

2 The conditions under which acts of the agent bind the principal and the third party are governed by the law of the state of the agent's establishment or, in the absence of such establishment or if the latter was not discernable by the third party, by the law of the state in which the agent carries out their main activity in the case at hand.

3 If the agent is bound to the principal by an employment contract and does not have their own establishment, their establishment is deemed to be at the seat of the principal.

4 The law referred to in paragraph 2 also governs the relationship between an unauthorised agent and the third party.

The Swiss courts at the domicile or, in the absence of a domicile, at the habitual residence of the defendant have jurisdiction to hear actions for unjust enrichment. Moreover, the courts at the place of an establishment in Switzerland have jurisdiction to hear actions pertaining to the operation of the establishment.

1 Claims for unjust enrichment are governed by the law which governs the existing or assumed legal relationship on the basis of which the enrichment occurred.

2 In the absence of such a relationship, the claims are governed by the law of the state in which the enrichment occurred; the parties may agree to the application of the law of the forum.

1 The Swiss courts at the domicile or, in the absence of a domicile, at the habitual residence of the defendant have jurisdiction to hear actions in tort. Moreover, the Swiss courts at the place where the act or the result occurred and, for actions pertaining to the operation of an establishment in Switzerland, the courts at the place of the establishment have jurisdiction.

² …⁶³

1 The Swiss courts at the place where the event causing the damage occurred have jurisdiction to hear actions relating to damage caused by a nuclear installation or by the transportation of nuclear substan­ces.

2 If such place cannot be ascertained, the action may be brought:

a.

if liability lies with the operator of a nuclear installation, before the Swiss courts where such installation is located;

b.

if liability lies with the holder of a transportation permit, before the Swiss courts at the place where such permit holder is domiciled or elected domicile.

3 Actions to enforce the right of access directed against the controller of a database may be brought before the courts mentioned in Article 129 or before the Swiss courts at the place where the database is managed or used.⁶⁴

A direct action against a civil liability insurer may be brought before the Swiss courts either at the place of the insurer's establishment or at the place where the act or the result occurred.

The parties may, at any time after the damaging event, agree to apply the law of the forum.

1 If the tortfeasor and the injured party have their habitual residence in the same state, claims in tort are governed by the law of that state.

2 If the tortfeasor and the injured party do not have their habitual residence in the same state, these claims are governed by the law of the state in which the tort was committed. However, if the result occurred in another state, the law of that state applies if the tortfeasor should have foreseen that the result would occur there.

3 Notwithstanding the preceding paragraphs, if a tort violates a legal relationship existing between the tortfeasor and the injured party, claims based on that tort are governed by the law applicable to such legal relationship.

Claims arising from road traffic accidents are governed by the Hague Convention of 4 May 1971⁶⁵ on the Law Applicable to Traffic Accidents.

1 Claims based on a defect or defective description of a product are governed at the option of the injured party:

a.

by the law of the state in which the tortfeasor has their establishment or, in the absence of such establishment, their habitual residence; or

b.

by the law of the state in which the product was acquired, unless the tortfeasor proves that the product was introduced in the market of that state without their consent.

2 If claims based on a defect or defective description of a product are governed by a foreign law, no compensation may be awarded in Switzerland beyond that which would be awarded for such kind of loss or damage pursuant to Swiss law.

1 Claims based on unfair competition are governed by the law of the state in whose market the result occurred.

2 If the tort affects exclusively the business interests of a specific competitor, the applicable law is that of the state where the respective establishment is located.

3 Article 133, paragraph 3, is reserved.

1 Claims based on a restraint of competition are governed by the law of the state in whose market the restraint has direct effects on the injured party.

2 If claims based on a restraint of competition are governed by a foreign law, no compensation may be awarded in Switzerland beyond that which would be awarded for a restraint of competition pursuant to Swiss law.

Claims arising out of damaging nuisances originating from immovable property are governed at the option of the injured party by the law of the state in which the property is located or by the law of the state in which the result occurred.

1 Claims based on the infringement of personality rights by the media, in particular by press, radio, television or any other means of public information, are governed at the option of the injured party:

a.

by the law of the state in which the injured party has their habitual residence, provided the tortfeasor should have expected that the result would occur in that state;

b.

by the law of the state in which the tortfeasor has their establishment or habitual residence; or

c.

by the law of the state in which the result of the infringement occurs, provided the tortfeasor should have expected that the result would occur in that state.

2 The right of reply against media appearing periodically is exclusively governed by the law of the state in which the publication appeared or the program was broadcasted.

3 Paragraph 1 also applies to infringements of personality rights resulting from the processing of personal data, as well as to impairments of the right of access to personal data.⁶⁶

If two or more persons have taken part in the commission of a tort, the applicable law shall be determined separately for each one of them, regardless of their role.

The injured party may bring the action directly against the insurer of the person liable if the law applicable to the tort or the law applicable to the insurance contract so provides.

1 The law applicable to a tort determines in particular the capacity to be liable in tort, the conditions and the extent of liability, as well as the person liable.

2 Rules of conduct and safety in force at the place of the act are taken into consideration.

Where a creditor is entitled to assert their claim against two or more debtors, the legal consequences are determined under the law governing the relationship between the creditor and the debtor against whom the claim is actually asserted.

1 A debtor has a right of recourse against a co-debtor, either directly or by subrogation, only to the extent that the laws governing the two obligations allow for it.

2 The exercise of recourse against a co-debtor is governed by the law applicable to the obligation of the co-debtor towards the creditor. Issues pertaining exclusively to the relationship between the creditor and the debtor seeking recourse are governed by the law applicable to the obligation of the latter.

3 The question of whether an institution entrusted with a public function may seek recourse is determined by the law applicable to the institution. The existence and exercise of a right of recourse are governed by the two preceding paragraphs.

1 The assignment of a claim by contract is governed by the law chosen by the parties or, in the absence of such choice, by the law applicable to the assigned claim. A choice of law cannot be asserted against the debtor without the latter's assent.

2 A choice of law relating to the assignment of an employee's claim is valid only to the extent that Article 121 paragraph 3 allows it for the employment contract.

3 The form of an assignment is governed exclusively by the law applicable to the assignment contract.

4 Issues concerning exclusively the relationship between the parties to the assignment contract are governed by the law applicable to the legal relationship underlying the assignment.

¹ Whether a claim is represented by an instrument in paper or equivalent form and transferred by means of such instrument is determined by the law designated therein. If no law is designated in the instrument, the law of the state in which the issuer has its seat or, failing such, its habitual residence applies.

² As regards rights in rem to a physical instrument, the provisions of Chapter 7 are reserved.

1 The assignment of a claim by operation of law is governed by the law applicable to the underlying relationship between the former and the new creditor or, in the absence of such a relationship, by the law governing the claim.

2 The provisions of the law governing the claim that are intended to protect the debtor are reserved.

1 A currency is defined by the law of the issuing state.

2 The effects of a currency on the extent of an obligation are governed by the law applicable to such obligation.

3 The law of the state in which payment must be made determines the currency in which the payment must be effected.

1 The statute of limitations for and the extinction of a claim are governed by the law applicable to the claim.

2 In the event of extinction by set-off, the applicable law is that governing the claim against which set-off is asserted.

3 Novation, release and set-off agreements are governed by the provisions of this Act relating to the law applicable to contracts (Art. 116 et seq.).

¹ At the request of the foreign bankruptcy administrator, it may be decided not to conduct auxiliary bankruptcy proceedings if no claims in the sense of Article 172 paragraph 1 have been filed.

² Where creditors domiciled in Switzerland have filed claims other than those mentioned in Article 172 paragraph 1, the court may decide not to conduct auxiliary bankruptcy proceedings if appropriate account is taken of these creditors' claims in the foreign proceedings. These creditors shall be heard.

³ The court may make its abstention subject to conditions and requirements.

⁴ Where the court decides not to conduct auxiliary bankruptcy proceedings, the foreign bankruptcy administrator may, subject to Swiss law, exercise all powers to which he or she is entitled under the law of the state in which the bankruptcy proceedings were opened; he or she may in particular transfer assets abroad and conduct litigation. These powers do not include the performance of sovereign acts, the use of coercive measures or the right to settle disputes.

¹ Unless the parties have agreed otherwise and if the arbitration proceedings have not yet been concluded, written notice of the challenge stating the grounds must be given to the challenged member of the arbitral tribunal and the other members of the arbitral tribunal within 30 days of the date on which the challenging party becomes aware of the grounds for the challenge or could have become aware thereof had it exercised due diligence.

² The challenging party may within 30 days of filing the challenge request the state court to reject the challenged member. The state court's decision is final.

³ During the challenge procedure, the arbitral tribunal may continue the proceedings without excluding the challenged member until the decision is taken, unless the parties have agreed otherwise.

¹ Any member of the arbitral tribunal may be removed with the agreement of the parties.

² If a member of the arbitral tribunal is unable to carry out his or her duties within a reasonable time or with due care, and unless the parties have agreed otherwise, any party may file a written request with the state court for the member to be removed, stating the grounds. The state court's decision is final.

¹ An arbitral tribunal with seat abroad or a party to foreign arbitration proceedings may request the state court at the place where the interim or conservatory measure is to be executed to participate. Article 183 paragraphs 2 and 3 apply by analogy.

² An arbitral tribunal with seat abroad or a party to foreign arbitration proceedings may with consent of the arbitral tribunal request the state court where evidence is to be taken to participate. Article 184 paragraphs 2 and 3 apply by analogy.

¹ Unless the parties have agreed otherwise, either party may apply to the arbitral tribunal within 30 days of the award being communicated to correct typographical and accounting errors in the award, explain specific parts of the award or issue a supplementary award in relation to claims made in the arbitration proceedings that were not considered in the award. The arbitral tribunal may itself make corrections, explanations or additions within the same deadline.

² The application does not affect the deadlines for filing appeals. A new period for filing an appeal in relation to the corrected, explained or supplemented part of the award begins from the date on which notice of the correction, explanation or supplement is given.

¹ A party may request a review of an award if:

a.

it has subsequently become aware of significant facts or uncovered decisive evidence which it could not have produced in the earlier proceedings despite exercising due diligence; the foregoing does not apply to facts or evidence that came into existence after the award was issued;

b.

criminal proceedings have established that the arbitral award was influenced to the detriment of the party concerned by a felony or misdemeanour, even if no one is convicted by a criminal court; if criminal proceedings are not possible, proof may be provided in some other manner;

c.

a ground for a challenge under Article 180 paragraph 1 letter c only came to light after conclusion of the arbitration proceedings despite exercising due diligence and no other legal remedy is available.

² The request for a review must be filed within 90 days of the grounds for review coming to light. A review may not be requested more than ten years after the award becomes legally binding, except in the case of paragraph 1 letter b.

The only appeal authority is the Swiss Federal Supreme Court. The procedures are governed by Articles 77 and 119a of the Federal Supreme Court Act of 17 June 2005¹⁴⁷.

1 Facts or legal acts which came into being and produced all their effects before the commencement of this Act are governed by the law previously in force.

2 Facts or legal acts which came into being before the commencement of this Act, but which continue to produce legal effects, are governed by the law previously in force for the period prior to the commencement date. Their effects beyond that date are governed by this Act.

1 The Swiss judicial or administrative authorities validly seized of actions or applications made before the commencement of this Act shall continue to have jurisdiction even if this Act does no longer provide for their jurisdiction.

2 It is possible to bring again, after the commencement of this Act, actions or applications dismissed for lack of jurisdiction by the Swiss judicial or administrative authorities before that date if the jurisdiction of a Swiss court or authority is provided for in this Act and the claim may still be asserted.

This Act determines the law to be applied to actions and applications pending at first instance on the date of its commencement.

Applications for the recognition or enforcement of foreign decisions pending on the commencement of this Act are governed by this Act as regards the conditions for recognition and enforcement.