14 octobre 2013 | Publication
Exequatur and Enforcement of Foreign
Protective Measures in Switzerland
14 octobre 2013 | Publication
Exequatur and Enforcement of Foreign
Protective Measures in Switzerland
Swiss Journal of Civil Procedure, p. 443 ff.
Exequatur and Enforcement of Foreign Protective Measures under Article 39 of the Lugano Convention in Switzerland. The Alternative of Cantonal Protective Measures
The publication examines how foreign protective measures can be recognized and enforced in Switzerland under Article 39 of the Lugano Convention. It explains that such measures generally require an exequatur procedure, i.e. a formal recognition process by Swiss courts before enforcement can take place. The article also discusses practical limitations of this mechanism—particularly delays and procedural hurdles—and explores the alternative of seeking protective measures directly from Swiss cantonal courts.
Exequatur and Enforcement of Foreign Protective Measures under Article 39 of the Lugano Convention in Switzerland. The Alternative of Cantonal Protective Measures
The publication examines how foreign protective measures can be recognized and enforced in Switzerland under Article 39 of the Lugano Convention. It explains that such measures generally require an exequatur procedure, i.e. a formal recognition process by Swiss courts before enforcement can take place. The article also discusses practical limitations of this mechanism—particularly delays and procedural hurdles—and explores the alternative of seeking protective measures directly from Swiss cantonal courts.
Tags
Auteurs
External Author
Andrea Gamba
