The Swiss Code of Civil Procedure (CPC) has been in force since 1 January 2011. Now, exactly 14 years later, it will undergo its first comprehensive revision which will come into force on 1 January 2025.
In a blog series consisting of ten short articles, VISCHER's dispute resolution team highlights the key changes and provides an insight into the new regulations. This first article gives you a brief overview of the background, topics and objectives of the upcoming revision. The revised Swiss Code of Civil Procedure can be viewed here.
Over the years, the CPC has proven to be a reliable and practical instrument that has significantly standardised access to civil law in Switzerland. The first revision now aims to build on these strengths and, in particular, to address the challenges of an increasingly globalised and digitalised world. The legislator strived to increase the efficiency of litigation proceedings, facilitate access to justice and further reduce costs for the parties. In particular, the focus is on improving international commercial jurisdiction and introducing modern digital procedural tools.
The following articles sum up to what extent these plans have been achieved and which changes are particularly relevant:
- Improvement of international commercial jurisdiction: Introduction of the possibility for the cantons to each create their own thinternational commercial court.
- Introduction of in-house counsel privilege: In the future, in-house legal counsel will be able to invoke a right to refuse to co-operate.
- Hearings by video and audio transmission: It will also be possible to conduct hearings by electronic means such as video or audio transmission.
- Reduction of cost barriers: Advances on court costs will be reduced by half and the collection risk will no longer lie with the parties.
- Restructuring of the novelty threshold: The rules governing the cut-off date for new facts and evidence can be introduced into litigation proceedings have been amended.
- Greater evidential value of private expert opinions: Private expert opinions now qualify as documentary evidence and therefore carry more weight in legal proceedings.
- Expansion of the conciliation: Conciliatory proceedings have been strengthened and made more efficient.
- Facilitation of the coordination of proceedings: The accumulation of actions and the coordination of several proceedings have been simplified.
- Mitigation of formal stringency: Submissions to courts without jurisdiction are now forwarded to the competent court without any disadvantage to the parties.
It is the legislator's intention that the revision represents an important step towards adapting the Swiss Code of Civil Procedure to the challenges of modern times. It strengthens legal certainty, lowers the hurdles for access to justice and promotes a more efficient handling of litigation proceedings. However, the legislator was not able to fully achieve these objectives in all areas. While many innovations may bring significant improvements, some changes raise new questions, particularly with regard to their practical implementation and long-term effects. A large number of these questions will need to be clarified in case law by the competent courts.
In the ten articles of this VISCHER blog series, we will examine the specific changes in detail and take a critical look at their potential practical impact, particularly where the new regulations leaves space for interpretation or raises new challenges and questions.
The VISCHER dispute resolution team will be happy to answer any questions you may have.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
