Asset Recovery and Enforcement
Recovering a claim, tracing assets, enforcing in Switzerland a decision rendered abroad.
Legal bases
LP (RS 281.1)
LDIP (RS 291)
Convention de Lugano (RS 0.275.12)
CPC art. 261 ss
A favourable decision is only worth something if it can be enforced. The firm has particular experience of fraud contexts, and advises individuals as well as Swiss and foreign companies, insolvency estates and States on debt recovery and asset recovery, combining civil, criminal and enforcement tools.
Urgent measures, attachments and interim relief, are often decided within days. The team’s responsiveness and experience make it possible to act in several jurisdictions at once. We implement urgent interim measures such as attachments, are regularly consulted to design and carry out enforcement strategies, notably through our international network of trusted correspondents (lawyers, consultants and specialists), and coordinate cross-border proceedings to ensure our actions are effective and swift.
Related questions
- Asset Recovery and EnforcementCan assets in Switzerland be frozen before a judgment has been obtained?Yes. The attachment provided for by the Debt Enforcement Act allows a creditor to have assets located in Switzerland frozen without prior notice to the debtor. The creditor need only show, on a prima facie basis, the claim, a statutory ground for attachment and the existence of the assets concerned.
- Asset Recovery and EnforcementHow can a foreign judgment be enforced in Switzerland?The judgment must first be recognised and declared enforceable in Switzerland. For a decision rendered in a State bound by the Lugano Convention, review is limited and the procedure swift; for other States, the Swiss Private International Law Act applies and its requirements are stricter.