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Recognition and enforcement of Swiss-seated and foreign arbitral awards in Switzerland: monetary and non-monetary enforcement, New York Convention grounds, attachments, ICSID and state immunity issues
PRACTICE NOTES
Recognition and enforcement of Swiss-seated and foreign arbitral awards in Switzerland: monetary and non-monetary enforcement, New York Convention grounds, attachments, ICSID and state immunity issues
This Practice Note examines how Switzerland recognises and enforces international arbitral awards. Under Swiss law, distinct enforcement proceedings before different courts apply depending on whether the award orders payment of a sum of money or requires specific performance (see Articles 335(1)–(2) of the Swiss Code of Civil Procedure (CCP)). Where an award grants both monetary and non-monetary relief, the successful party must pursue enforcement separately for each category of relief. The rules governing enforcement of monetary and non-monetary relief are outlined below. Only decisions of arbitral tribunals that dispose of all or part of the claims are enforceable in Switzerland, ie partial or final awards on the merits. The duration of enforcement varies with several factors, notably the complexity of the case, and typically ranges from six months to two years. Monetary claims (payment of money) Specific performance (non-monetary
Arbitration
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