Switzerland: Litigation, Mediation & Arbitration

The Swiss Federal Supreme Court has clarified critical procedural rules governing international litigation priority when initial court filings fail on technical grounds. This landmark decision addresses whether claimants can preserve their original filing date when transitioning from a dismissed clear-cases application to ordinary proceedings, and how this interacts with parallel proceedings in foreign courts under the Lugano Convention.

International arbitration delivers final, binding awards, but losing parties often attempt to re-litigate objections across multiple jurisdictions. This analysis examines how transnational issue estoppel prevents award debtors from repeatedly challenging the same issues before different courts, exploring recent decisions from Singapore, England, India, and France that shape the doctrine's application in cross-border enforcement proceedings.

In a landmark decision dated 5 June 2026 (4A_481/2025, intended for publication in the official bulletin), the Swiss Federal Supreme Court confirms that Art. 63 CPC, which sets the continuation of lis pendens, also applies within the context of the Convention on Jurisdiction and Enforcement of Judgments in Civil and Commercial Matters of 30 October 2007 (the "Lugano Convention").