News | 13 November 2020

"Recognition and enforcement of foreign interim measures in Switzerland", an article by Sandrine Giroud and Noémie Raetzo in the yearbook of private international law

LALIVE partner Sandrine Giroud and associate Noémie Raetzo co-authored the article “Recognition and enforcement of foreign interim measures in Switzerland”, published in the latest issue of the Yearbook of Private International Law.

This article provides a comprehensive view of the recognition and enforcement of foreign interim measures in Switzerland while considering practical issues such as cantonal differences and the translation of English World Freezing Orders (WFOs) in the Swiss legal system.

Foreign interim measures may be recognised and enforced in Switzerland although, in reality, the road is paved with obstacles. Despite the existing legal basis for obtaining protective interim measures in support of the exequatur of foreign interim measures, applicants are often denied the right to these protective measures for lack of determinability of the foreign order or lack of interest to said measures. Given the varied approach taken by Swiss cantonal courts, a careful strategic analysis is recommended when applying for interim measures abroad, with a view to anticipating enforcement issues.

Drawn from an in-depth analysis of cantonal case law, this article provides practitioners with concrete answers by addressing recurring issues encountered in practice as well as specific considerations on English WFOs.

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