Glossary · Swiss and international law

Indirect jurisdiction (PILA art. 26)

Test, at the time of recognising a foreign judgment in Switzerland, of the jurisdiction the foreign court would or could have had.

Reference : LDIP art. 26

When a foreign judgment is presented for recognition in Switzerland, the Swiss court does not re-examine the merits — but it verifies that the foreign court had jurisdiction under Swiss recognition rules.

This jurisdiction is given in particular :

where the defendant was domiciled in the State of the seised court;
where the matter falls within an international forum that Switzerland recognises;
where the parties had validly submitted to that forum.

If indirect jurisdiction is not established, exequatur is refused even if the foreign judgment is otherwise regular.

See also