Missing a revised deadline or filing a statement of claim in the wrong format can now end a case in Switzerland before it reaches the merits. Recent amendments to Swiss civil procedure rules have tightened formal requirements across all cantonal and federal courts. International businesses with active or anticipated litigation in Switzerland must act promptly to audit their procedural posture.
Switzerland's civil procedure rules have been updated through revisions to the Schweizerische Zivilprozessordnung (Swiss Code of Civil Procedure), with key provisions taking effect on 1 January 2025. The changes affect court filing requirements, the admissibility of new evidence, and the conditions for obtaining an interim injunction. International companies and foreign-domiciled entities registered in the Handelsregister Schweiz (Swiss Commercial Register) as an AG (public company) or GmbH CH (private limited company) face the most immediate compliance obligations.
This alert identifies which business categories are directly in scope, sets out the applicable compliance deadlines, and provides immediate action items for international litigants operating in Switzerland.
What has changed and when it took effect
The 2025 revision to Swiss civil procedure introduced several substantive changes. Together, they represent the most significant adjustment to litigation practice in Switzerland since the code was first unified across cantons.
First, the rules governing the statement of claim have been tightened. Claimants must now submit a fully particularised claim at the outset. Courts may no longer accept supplementary factual allegations filed after the initial exchange of submissions, except in narrowly defined circumstances. This change affects how international parties structure their cases from the very first filing.
Second, the threshold for granting an interim injunction has been clarified in line with rulings from the Bundesgericht (Federal Supreme Court of Switzerland). Applicants must demonstrate both urgency and a prima facie case on the merits. Courts now apply this standard more strictly, and applications that previously succeeded on urgency alone face a higher bar.
Third, provisions governing judgment enforcement – both domestically and in cross-border matters – have been updated to align with recent Bundesgericht guidance. The amended rules affect the procedural steps required to convert a foreign arbitral award or court judgment into an enforceable title in Switzerland.
Fourth, court filing via electronic channels is now mandatory for legal entities in a broader range of proceedings. Companies that previously filed by post or courier must transition to the designated electronic platform. Failure to use the correct channel renders a filing procedurally defective.
All four changes took effect on 1 January 2025. Proceedings commenced before that date continue under transitional rules, but any new submission filed on or after that date must comply with the amended requirements.
Who is affected – and the compliance deadline
The amendments apply to all civil proceedings before Swiss cantonal courts and the Bundesgericht. The businesses most directly affected fall into three categories.
Foreign companies litigating in Switzerland. Any entity domiciled outside Switzerland that is a party to Swiss civil proceedings must comply with the new filing and pleading standards. This includes companies that have entered into contracts governed by Swiss law and designated Swiss courts as the forum.
Swiss-registered entities. Companies registered in the Handelsregister Schweiz – whether structured as an AG or a GmbH CH – must use mandatory electronic filing channels and restructure their pleading approach. Subsidiaries and branches of international groups are subject to the same requirements as locally incorporated entities.
Parties seeking interim relief. Any business that relies on interim injunction applications to protect assets, trade secrets, or contractual rights must recalibrate its strategy in light of the stricter prima facie standard. The window between a triggering event and a court-ready application has effectively shortened.
The compliance deadline for procedural alignment is immediate. There is no transitional grace period for new proceedings. Any statement of claim or procedural submission filed on or after 1 January 2025 in a new case must conform to the amended rules without exception. For ongoing matters, parties should assess whether pending submissions are subject to the new standards and take legal advice promptly.
For a detailed assessment of how these changes interact with your active Swiss proceedings, contact our team at commercial disputes counsel in Switzerland or reach us at info@ferrazwhitmore.com.
Immediate actions for international companies
International businesses with Swiss litigation exposure should take the following steps without delay.
- Audit active Swiss proceedings. Identify every matter in which your entity is a claimant, defendant, or respondent before a Swiss court or arbitral body. Confirm whether the matter is governed by transitional rules or the amended code. Any new submission in those proceedings must be reviewed against the updated requirements before filing.
- Review pending statement of claim drafts. Assess whether claims in preparation meet the particularisation standard now required at the outset. Adding factual allegations after the first exchange is no longer available as a corrective measure in most circumstances. Cases that depend on a staged pleading strategy need to be restructured.
- Reassess interim injunction applications. For any matter where interim relief is a strategic tool, recalibrate the application to address the strengthened prima facie requirement. Urgency alone is insufficient. Evidence supporting the substantive merits must be assembled and presented at the application stage.
- Confirm electronic filing access. Legal entities must have valid access to the Swiss electronic filing platform. Verifying this access – and ensuring that authorised signatories and counsel are correctly registered – should be completed before any submission deadline falls due.
- Revisit judgment enforcement strategies. If your company holds a foreign judgment or arbitral award that you intend to enforce in Switzerland, the updated procedural steps for conversion to an enforceable title must be followed precisely. Any misstep at this stage can delay or defeat enforcement entirely.
The Swiss Code of Obligations governs many of the underlying commercial relationships that generate Swiss litigation. The amended civil procedure rules operate on top of those substantive rights. A strong substantive position can still be lost through procedural non-compliance. Businesses that engage a lawyer in Switzerland with current knowledge of the amended rules are best placed to protect their position.
For in-depth guidance on litigation strategy under the revised rules, our analysis of commercial litigation and arbitration in Switzerland sets out the full procedural landscape. For context on comparable procedure updates in other European jurisdictions, see our related alert on court procedure developments in Portugal.
About Ferraz & Whitmore
Ferraz & Whitmore is an international law firm based in Lisbon, advising business clients across 46 jurisdictions. Our team combines Portuguese civil law expertise with English common law tradition to deliver cross-border legal solutions in commercial litigation, dispute resolution, and regulatory compliance. Our commercial disputes practice covers proceedings before Swiss courts and arbitral bodies, and we regularly advise foreign-domiciled companies on Swiss civil procedure requirements. As a law firm in Switzerland and across Europe, we work with international entrepreneurs, institutional investors, and in-house legal teams who need results-oriented counsel across multiple legal systems. The firm's Lisbon base provides direct access to Portuguese and EU regulatory systems, while our experience in civil law jurisdictions. including Switzerland, Germany, and Austria – supports litigation and enforcement strategies across the European continent. To discuss how the 2025 Swiss procedure amendments affect your pending or anticipated matters, contact us at info@ferrazwhitmore.com.
Disclaimer: This publication is provided for informational purposes only and does not constitute legal advice. The information herein should not be relied upon as a substitute for professional legal counsel tailored to your specific circumstances. Ferraz & Whitmore assumes no liability for actions taken or not taken based on the contents of this material. For advice regarding your particular situation, please contact info@ferrazwhitmore.com.