Swiss Supreme Court decision on competing rights to attached assets

17 February 2022 By Benoît A. Mauron

The Swiss Supreme Court has clarified the position where litigants assert competing rights to attached assets, covertly overturning its prior case law, an important development for international recovery lawyers.

This ruling (decision 5A_485/2021) by the Swiss Supreme Court concerns disputed artworks formally owned by third party A, which were attached on B’s initiative to secure B’s claims against C. The question is who of A or B benefits from the legal presumption of ownership and, consequently, who must file a replevin action to reverse the presumption.

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