Jurisdiction(s):
United Kingdom

State immunity under Swiss law: jurisdiction, enforcement against state assets, and arbitration (ICSID/New York Convention)—acta iure imperii/gestionis and the sufficient Swiss connection requirement

Published by a LexisNexis Arbitration expert

Practice notes

Note: the Swiss cases referred to below are not reported by LexisNexis®.

Introduction and the Structure of this Note

The question of immunity arises most often in relation to diplomats, and also consular officials and employees.

Immunity is enjoyed by foreign states; numerous intergovernmental and international organisations under headquarters agreements with the Swiss Confederation; the assets of foreign central banks; and state cultural property, whether brought to Switzerland with or without a return guarantee.
No immunity applies to foreign state-owned enterprises or to ordinary foreign state-owned banks.

Immunity operates solely as a shield. Where an individual, entity, or state benefits from it, the host state may neither exercise jurisdiction over them nor enforce against their assets. Nevertheless, they remain part of legal life and may choose to participate in legal transactions within this forum.

Swiss law, like most systems, distinguishes between immunity from jurisdiction and immunity from enforcement, and under Swiss law neither is absolute. The implications of public entities being involved in Swiss arbitration proceedings are to be assessed separately...

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Dr Johannes Landbrecht

Walder Wyss

Johannes Landbrecht acts as counsel in complex international arbitration proceedings and also sits as arbitrator (e.g. under the ICC, LCIA, and Swiss Rules). Experienced in a wide variety of commercial disputes, under most of the leading arbitration rules, and involving more than a dozen different jurisdictions from around the globe, Johannes has developed expertise especially in energy and IP. He is qualified in civil law (Germany and Switzerland) as well as common law jurisdictions (Barrister, England & Wales, non-practising). He is recommended by clients and peers inter alia in WWL Future Leaders Arbitration and WWL Switzerland (Arbitration). For details see...

Web page updated on 22/05/2026

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