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No Swiss Jurisdiction for the Employer: How Lugano Article 20 Blocks a Tort-Cumulation Strategy
A recent set of Swiss Federal Court rulings reaffirms the protective forum at the employee's domicile On 10 March 2026, the Swiss Federal Court issued three parallel rulings — BGer 4A_103/2025, 4A_105/2025 and 4A_107/2025 — disposing of a Swiss employer’s appeal against the refusal of Ticino’s appellate court to hear its cases against three Italy-domiciled former employees.. The appellant in all three cases was a Ticino joint-stock company that had employed the three employee
Independent Bank Guarantees in Switzerland – Pay First, Litigate Later
Independent guarantees with a Swiss connection are frequent in international commerce. Construction projects and cross-border financings often come with a guarantee on first demand issued by a Swiss bank or insurer, governed by Swiss law, or both. The commercial promise of these instruments is liquidity: the beneficiary calls, the guarantor pays, and any dispute about the underlying contract is fought out afterwards. A recent decision of the Commercial Court of Zurich illustr
Foreign Default Judgments in Switzerland – the Limits of Service by Publication
The question that comes up is what happens when the defendant’s address was unknown and the foreign court resorted to service by publication. The Swiss Federal Supreme Court addressed it on 13 March 2026 in its decision 4A_157/2025, in the context of a Payment Order from Dubai. The decision leaves general questions open but sets a clear minimum rule.
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