Judgment Reviews Law at Switzerland
Switzerland's system for judgment reviews and appeals is structured and multi-layered, reflecting its federal structure where both federal and cantonal laws play a role. The process is primarily governed by the Swiss Code of Civil Procedure (CPC) at the cantonal level and the Federal Supreme Court Act (FCA) at the federal level.
1. Cantonal Level Appeals
The first level of review typically takes place at the cantonal level, which consists of a two-tiered court system in most cantons.
Appeal (Appellation): This is the main legal remedy against a decision from a court of first instance (e.g., a district court). An appeal allows for a full review of both the facts and the law. This means the appellate court can re-examine the evidence and the legal arguments.
An appeal is generally admissible for final and interim decisions, as well as for provisional measures.
For financial disputes, a minimum amount in controversy (typically CHF 10,000) is required for an appeal to be admissible.
New facts and evidence can be considered, but only if they are submitted promptly and could not have been presented to the lower court with reasonable diligence.
Objection (Recours): This is a subsidiary legal remedy for challenging decisions that are not subject to a full appeal. It is a more limited form of review, primarily focusing on an incorrect application of the law or a demonstrably incorrect determination of the facts.
2. Federal Level Appeals
Decisions from the highest cantonal courts can be appealed to the Federal Supreme Court in Lausanne, which is the final judicial authority in Switzerland. The appeal process at this level is more restrictive.
Appeal in Civil Matters (Beschwerde in Zivilsachen): This is the most common appeal to the Federal Supreme Court. It is admissible against decisions of the cantonal high courts.
Grounds for Appeal: The Federal Supreme Court primarily reviews questions of law, not facts. It examines whether the lower court applied federal law or international law correctly. It will only review the facts if they were established in a "manifestly incorrect" way by the lower court, or if a rule of law was violated in the fact-finding process.
Monetary Threshold: A minimum amount in dispute is generally required for an appeal to the Federal Supreme Court (e.g., CHF 30,000 for most civil disputes, and CHF 15,000 for employment and tenancy law cases). However, this threshold does not apply if a fundamental legal question is at stake.
No New Evidence: Parties are not permitted to submit new facts or evidence to the Federal Supreme Court.
Subsidiary Constitutional Appeal (Subsidäre Verfassungsbeschwerde): This is a remedy of last resort for cantonal rulings that cannot be appealed by an ordinary appeal in civil matters. It is used to challenge violations of constitutional rights.
3. Other Forms of Review
Revision: This is an extraordinary remedy that allows for the reopening of a case and a review of a final judgment. It is only admissible on very specific and limited grounds, such as the discovery of new and decisive evidence that was previously unknown, or if the decision was influenced by a criminal act (e.g., perjury or forgery).
Arbitration: Switzerland is a major international arbitration hub. Arbitral awards can be appealed to the Federal Supreme Court, but the grounds for appeal are extremely narrow, primarily limited to procedural issues (e.g., improper composition of the arbitral tribunal, violation of due process, or the award exceeding the scope of the arbitration agreement). A review of the merits of the case is generally not possible.
4. Recognition and Enforcement of Foreign Judgments
The recognition and enforcement of foreign judgments in Switzerland is governed by a dual system:
Lugano Convention: This multilateral treaty applies to judgments from EU member states, Norway, and Iceland. It provides a simplified procedure for recognition and enforcement, with limited grounds for refusal (e.g., violation of Swiss public policy or the right to be heard).
Federal Act on Private International Law (PILA): This law governs judgments from all other countries. It sets stricter requirements for recognition, including a review of whether the foreign court had jurisdiction according to Swiss standards.
RELATED Blog
0 comments