11 February 2026 | Briefing
Swiss Supreme Court clarifies
international lis pendens: The ruling
limits forum shopping and promotes legal
certainty in cross-border cases
11 February 2026 | Briefing
Swiss Supreme Court clarifies
international lis pendens: The ruling
limits forum shopping and promotes legal
certainty in cross-border cases
In its recent decision 5A_114/2025 (13 January 2026), the Swiss Federal Supreme Court brings welcome clarity to long‑debated questions of international lis pendens under the PILA.
The Court confirms that even facultative conciliation is sufficient to establish lis pendens in Switzerland and that minor defects in the subsequent authorisation to proceed will not undo forum priority. This pragmatic approach encourages genuine attempts at conciliation and avoids procedural gamesmanship in cross‑border disputes.
The Court confirms that even facultative conciliation is sufficient to establish lis pendens in Switzerland and that minor defects in the subsequent authorisation to proceed will not undo forum priority. This pragmatic approach encourages genuine attempts at conciliation and avoids procedural gamesmanship in cross‑border disputes.
