Legal Compass: Revision of the Swiss Civil Procedure Code (CPC)

1. Key Changes at a Glance

The CPC revision includes numerous changes with national and international significance. Its primary goal is to align Swiss civil procedure law with contemporary needs and improve court access. Key updates include:

• Clarification of the jurisdiction of commercial courts (Art. 6 para. 2)
• Introduction of English as a procedural language (Art. 129 para. 2)
• Greater use of electronic tools in legal proceedings (Art. 141a)
• Expanded professional confidentiality protection for in-house counsels (Art. 167a)

These revisions also affect internationally active businesses that use Swiss courts, even if they are not based in Switzerland. Additional changes involve third-party notice claims, free legal aid and the change of status of private expert opinions considered henceforth as official evidence in civil litigation.

2. Clarification of Commercial Court Jurisdiction

A key objective of the reform is to modernize Switzerland's commercial courts. Commercial courts in cantons like Aargau, Bern, Geneva, St. Gallen and Zurich have become key venues for resolving complex business disputes, offering the advantage of judges with specialized commercial law expertise. The revised rules refine and expand the jurisdiction of commercial courts to handle business disputes more efficiently. They also delineate responsibilities between specialized commercial courts and ordinary civil courts: The revised law explicitly excludes certain disputes – such as those related to employment contracts, rental agreements, or agricultural leases – from the jurisdiction of commercial courts (Art. 6 para. 2).

Notably, the revised CPC now allows optional conciliation procedures for claims falling under commercial court jurisdiction (Art. 199 para. 2). While filing a claim directly with the commercial court remains possible, this adjustment promotes amicable resolution at the conciliation stage. Moreover, filing for conciliation can interrupt limitation and forfeiture periods, which is particularly beneficial for claims not subject to debt enforcement or where the debtor resides abroad.

3. International Commercial Disputes and English as a Procedural Language

The revision aims to simplify international commercial litigation. For the first time, federal law permits cantons to declare their commercial courts competent for international commercial disputes (Art. 6 para. 4 lit. c). This jurisdiction requires (i) a connection to the business activities of at least one party, (ii) a minimum dispute value of CHF 100,000, (iii) the parties’ agreement on the jurisdiction and (iv) the residence or seat of at least one party abroad. Cantons like Bern, Geneva and Zurich are considering specialized courts for international disputes.

Additionally, English may now be used as a procedural language (Art. 129 para. 2 lit. b). Parties can agree to use English, even in their jurisdiction agreements, facilitating litigation for companies accustomed to English-language business dealings. By enabling proceedings in English, these changes eliminate translation costs, streamline complex litigation and make the Swiss judiciary more accessible and appealing for international businesses. This positions Switzerland competitively against jurisdictions like the Netherlands and Germany, which already permit English in court and globally recognized hubs like Singapore and London.

4. Switzerland Joins the Convention of 30 June 2005 on Choice of Court Agreements (Hague Choice of Court Convention, HCCC)

On January 1, 2025, Switzerland will join the Hague Choice of Court Convention (HCCC). The HCCC regulates the jurisdiction of designated courts in international commercial disputes and ensures the cross-border recognition and enforcement of judgments. The convention is already in force in the EU, UK, Mexico, Singapore, Montenegro, Moldova and Ukraine, while other countries, including the US and China, have signed but not yet ratified it.

As an international treaty, the HCCC takes precedence over national law, including the Swiss Private International Law Act (PILA). However, its relationship with the Lugano Convention – which governs judicial cooperation between Switzerland, the EU, Norway and Iceland – requires further clarification. Generally, the Lugano Convention takes precedence, but in rare cases of conflicting provisions, Swiss courts will need to find context-specific solutions. Since Brexit, the Lugano Convention no longer applies to the UK, making the HCCC a vital legal framework for recognizing and enforcing judgments with Britain.

When paired with the updated CPC provisions – particularly the clarification of commercial court jurisdiction (see Section 2) and the introduction of English as a procedural language (see Section 3) –Switzerland’s accession to the HCCC creates a solid foundation for efficiently managing international commercial disputes. These enhancements position Switzerland as a competitive alternative to other global dispute resolution hubs, strengthening its appeal for international businesses.

5. Digital Tools in Legal Proceedings

The revised CPC establishes a framework for using digital tools such as video and audio transmission in civil procedures. Hearings, evidence collection and witness examinations can now be conducted via videoconference with the consent of all parties (Arts. 141a and 170a). These changes aim to enhance access to justice and improve procedural efficiency.

This innovation is particularly advantageous for companies active internationally, as representatives from different countries can participate without the need for travel, significantly reducing costs and increasing flexibility. In cross-border evidence collection, however, compliance with international legal assistance rules must still be observed.

While digitalization brings clear benefits, it also poses challenges. These include ensuring reliable technical infrastructure, safeguarding confidential information and maintaining the integrity of proceedings. Additionally, assessing non-verbal cues during videoconference-based witness examinations can be more difficult, potentially affecting the evaluation of evidence. Despite these challenges, the advantages of digitalization prevail, making procedures more adaptable, cost-effective and responsive to the demands of a globalized economy.

6. Strengthening Confidentiality for In-House Counsel

One of the most notable innovations in the revised CPC is the introduction of enhanced confidentiality protections for in-house counsel (Art. 167a). Under the new rules, companies and their in-house legal teams can refuse to cooperate in court proceedings under specific conditions, such as withholding documents or declining to provide testimony. This protection applies if the company is registered in the Swiss Commercial Register or a comparable foreign register. Furthermore, the head of the company’s legal department must hold a Swiss attorney’s license or equivalent qualifications in their home country and the activity in question must qualify as professionally privileged if performed by an external attorney. These changes bring Switzerland closer to international standards and increase the appeal of Swiss litigation for multinational businesses, where in-house legal departments often play a critical role.

7. Transitional Provisions

Cases already pending on January 1, 2025, will generally continue to be governed by the previous law until they are resolved at the current instance. However, proceedings before the next (upper) instance will be subject to the new CPC. An extensive catalog of provisions, including the recognition of private expert reports as a means of evidence and the confidentiality protections for in-house counsels, will apply to all cases starting January 1, 2025, regardless of their initiation date and whether they are pending or not.

8. Conclusion

The revision of the Swiss Civil Procedure Code marks a significant step in modernizing Swiss civil procedure law. These changes benefit domestic and international companies involved in litigation in Switzerland. By introducing specialized courts for international disputes and allowing English as a procedural language, Switzerland aligns with international standards and offers an attractive alternative to arbitration. Other updates, such as the use of digital tools and enhanced confidentiality for in-house counsels, further enhance Switzerland’s appeal as a dispute resolution hub for global businesses.