Glossary · Swiss and international law

Exequatur

Procedure by which a judgment rendered abroad becomes enforceable in Switzerland, or conversely a Swiss judgment abroad.

Reference : LDIP art. 25-31

A foreign judgment produces effects in Switzerland only if it is recognised — and, where coercive enforcement is sought, declared enforceable: that is exequatur.

The applicable framework depends on the judgment’s origin :

  • EU / EFTA, civil and commercial matters: Lugano Convention (art. 38 ss).
  • Divorce and personal status: PILA (art. 65 for divorce, art. 25 ss for the general rule).
  • Successions: EU Regulation 650/2012 on the EU side (not binding on Switzerland) + PILA on the Swiss side.

Three grounds for refusal are regularly examined: indirect jurisdiction of the foreign court (art. 26 PILA), respect for the right to be heard, Swiss public policy (art. 27 PILA).

See also our step-by-step procedure : Recognition of a French judgment in Switzerland.

See also