Glossary · Swiss and international law
International lis pendens (PILA art. 9)
Rule under which Swiss proceedings are stayed when the same matter is already pending before a competent foreign court.
Reference : LDIP art. 9
Where an action is brought before a Swiss court while an identical action (same parties, same subject-matter, same cause) is already pending before a foreign court, the Swiss court will stay the proceedings if the foreign court is expected to render, within a reasonable time, a decision capable of being recognised in Switzerland.
Strategic consequence: in a binational divorce, the first court seised generally locks the forum. The date of seising — not the date of receipt by the registry — is decisive.