Swiss Supreme Court Reaffirms Its
Opposition to Forum Running –
Preserving Lis Pendens After Dismissed
Clear-Case Proceedings Under Art. 63 CPC

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").

The Court held that, where a Bank first brings clear-case proceedings in Switzerland and then reintroduces the same claim within the statutory time limit after the initial filing has been declared inadmissible (as being not a clear-cut case), Article 63 CPC preserves the original filing date for lis pendens purposes under the Lugano Convention.

This ruling strengthens legal certainty in cross-border disputes, limits tactical forum running and confirms that parties using legitimate Swiss procedural tools cannot be deprived of the lis pendens protection created by the initial filing.