Federal Act on Private International Law (PILA)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Section 1 Scope of Application
Art. 1
1 This Act governs, in international matters: a. the jurisdiction of Swiss judicial or administrative authorities; b. the applicable law; c. the requirements for the recognition and enforcement of foreign decisions; d. bankruptcy and composition; e. arbitration. 2 International treaties are reserved.
Section 2 Jurisdiction
I. In general
Art. 2
Where this Act does not provide for special jurisdiction, the Swiss judicial or administrative authorities at the defendant’s domicile have jurisdiction.
II. Jurisdiction by necessity
Art. 3
Where this Act does not provide for jurisdiction in Switzerland and proceedings abroad are impossible or cannot reasonably be required, the Swiss judicial or administrative authorities at the place with which the case has a sufficient connection have jurisdiction.
III. Validation of attachments
Art. 4
Where this Act does not provide for any other forum in Switzerland, the action to validate an attachment may be brought at the Swiss forum of the attachment.
IV. Choice of forum
Art. 5
1 In matters involving an economic interest, the parties may agree on the court that will have to decide any existing or future dispute arising from a specific legal relationship. The agreement may be done in writing, or by any other means allowing it to be evidenced by text. Unless otherwise agreed, the choice of forum is exclusive. 1bis If the parties have merely agreed that the place of jurisdiction is in Switzerland, the jurisdiction of the Swiss courts shall be determined in accordance with the provisions of this Act. If there is no such provision, the court first seised shall have jurisdiction. 2 The choice of forum has no effect if it results in abusively depriving a party from the protection granted to it by a forum provided by Swiss law. 3 ...
Para. 1 — Sentence amended by Annex No 1 of the FedD of 22 Dec. 2023 on the Adoption and Implementation of the Hague Convention on Choice of Court Agreements, in force since 1 Jan. 2025 (AS 2024 561; BBl 2023 1460). Para. 1bis — Inserted by Annex No 1 of the FedD of 22 Dec. 2023 on the Adoption and Implementation of the Hague Convention on Choice of Court Agreements, in force since 1 Jan. 2025 (AS 2024 561; BBl 2023 1460). Para. 3 — Repealed by Annex No 2 of the FedD of 22 Dec. 2023 on the Adopt
V. Implied consent
Art. 6
In matters involving an economic interest, the court before which the defendant proceeds on the merits without reservation has jurisdiction.
Art. 6 — Amended by Annex No 1 of the FedD of 22 Dec. 2023 on the Adoption and Implementation of the Hague Convention on Choice of Court Agreements, in force since 1 Jan. 2025 (AS 2024 561; BBl 2023 1460).
VI. Arbitration agreement
Art. 7
If the parties have entered into an arbitration agreement with respect to an arbitrable dispute, any Swiss court before which such dispute is brought shall decline jurisdiction, unless: a. the defendant has proceeded on the merits without reservation; b. the court finds that the arbitration agreement is null and void, inoperative or incapable of being performed; or c. the arbitral tribunal cannot be constituted for reasons that are clearly attributable to the defendant in the arbitration.
VII. Counterclaim
Art. 8
The court before which the main claim is brought also hears any counterclaim, provided there is a factual connection between the main claim and the counterclaim.
VIII. Co-defendants and plurality of actions
Art. 8a
1 If an action is brought against several co-defendants who may be sued in Switzerland pursuant to this Act, the Swiss court that has jurisdiction over one defendant has jurisdiction over all of them. 2 If two or more claims having a factual connection between them can be brought in Switzerland pursuant to this Act against the same defendant, any Swiss court having jurisdiction over one of such claims has jurisdiction over all of them.
Art. 8a — Inserted by Art. 3 No 3 of the FD of 11 Dec. 2009 (Approval and Implementation of the Lugano Convention), in force since 1 Jan. 2011 (AS 2010 5601; BBl 2009 1777).
IX. Third party action
Art. 8b
A Swiss court having jurisdiction for the main action also has jurisdiction for a third party action, provided a court in Switzerland has jurisdiction over such third party pursuant to this Act.
Art. 8b — Inserted by Art. 3 No 3 of the FD of 11 Dec. 2009 (Approval and Implementation of the Lugano Convention), in force since 1 Jan. 2011 (AS 2010 5601; BBl 2009 1777).
X. Civil claims
Art. 8c
Where it is admissible to pursue civil claims in criminal proceedings, the Swiss court which is seized of the criminal proceedings also has jurisdiction for the civil claims, provided a court in Switzerland has jurisdiction for such claims under this Act.
Art. 8c — Inserted by Art. 3 No 3 of the FD of 11 Dec. 2009 (Approval and Implementation of the Lugano Convention), in force since 1 Jan. 2011 (AS 2010 5601; BBl 2009 1777).
XI. Lis pendens
Amended by Art. 3 No 3 of the FD of 11 Dec. 2009 (Approval and Implementation of the Lugano Convention), in force since 1 Jan. 2011 (AS 2010 5601; BBl 2009 1777).
Art. 9
1 If an action having the same subject matter is already pending between the same parties abroad, the Swiss court shall stay the case if it is to be expected that the foreign court will, within a reasonable time, render a decision capable of being recognised in Switzerland. 2 In order to determine when an action has been initiated in Switzerland, the conclusive date is that of the first act necessary to initiate the proceedings. A notice to appear for conciliation is sufficient. 3 The Swiss court shall terminate its proceedings as soon as it is presented with a foreign decision capable of being recognised in Switzerland.
XII. Interim measures
Amended by Art. 3 No 3 of the FD of 11 Dec. 2009 (Approval and Implementation of the Lugano Convention), in force since 1 Jan. 2011 (AS 2010 5601; BBl 2009 1777).
Art. 10
Jurisdiction to order interim measures lies with: a. the Swiss courts or authorities that have jurisdiction for the main action; or b. the Swiss courts or authorities at the place where the measure is to be enforced.
Art. 10 — Amended by Annex 1 No II 18 of the Civil Procedure Code of 19 Dec. 2008, in force since 1 Jan. 2011 (AS 2010 1739; BBl 2006 7221).
XIII. Legal assistance
1. Principle
Art. 11
1 Sovereign acts carried out in Switzerland in connection with foreign civil proceedings, in particular the service of judicial and extrajudicial documents and the taking of evidence, must be carried out by way of legal assistance. Chapters I and II of the Hague Convention of 1 March 1954 on Civil Procedure apply. 2 However, a party to proceedings who is in Switzerland may be directly requested to transmit submissions or evidence if the request is made without threat of penalty and is served by way of legal assistance. 3 Moreover, persons who are in Switzerland may participate in a hearing abroad by telephone or video conference or other electronic means of audio or video transmission, or be questioned in the same way by a person authorised by a foreign authority. Chapter II of the Hague Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters applies by analogy. 4 Unless federal law provides otherwise, the Federal Office of Justice shall act as inter
Art. 11 — Amended by the Annex to the FD of 20 Dec. 2024 on the Use of Electronic Means of Communication in Crossborder Civil Proceedings, in force since 1 Jan. 2026 (AS 2025 684; BBl 2024 792). Para. 1 — SR 0.274.12 Para. 3 — SR 0.274.132
2. Execution
Amended by the Annex to the FD of 20 Dec. 2024 on the Use of Electronic Means of Communication in Crossborder Civil Proceedings, in force since 1 Jan. 2026 (AS 2025 684; BBl 2024 792).
Art. 11a
1 Acts of legal assistance are carried out in Switzerland in accordance with Swiss law. 2 Foreign forms of procedure may also be followed or taken into consideration on application of the requesting authorities where this is necessary for the recognition of a right abroad and provided there are no important countervailing reasons relating to the person involved. 3 If a form of procedure under Swiss law is not recognised abroad and as a result a right deemed worthy of protection would not be upheld there, the Swiss courts or authorities may issue documents or take a person’s oath pursuant to the form required by the foreign law. 4 …
Art. 11a — Inserted by Annex 1 No II 18 of the Civil Procedure Code of 19 Dec. 2008, (AS 2010 1739; BBl 2006 7221). Para. 4 — Repealed by the Annex to the FD of 20 Dec. 2024 on the Use of Electronic Means of Communication in Crossborder Civil Proceedings, with effect from 1 Jan. 2026 (AS 2025 684; BBl 2024 792).
3. Advance of costs and security for party costs
Art. 11b
Advance of costs and security for party costs are governed by the CPC.
Art. 11b — Inserted by Annex 1 No II 18 of the Civil Procedure Code of 19 Dec. 2008, in force since 1 Jan. 2011 (AS 2010 1739; BBl 2006 7221). Amended by No II 3 of the FA of 17 March 2023 (Improving Practices and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697). SR 272
4. Legal aid
Art. 11c
Legal aid is granted to persons domiciled abroad under the same conditions as apply to persons domiciled in Switzerland.
Art. 11c — Inserted by Annex 1 No II 18 of the Civil Procedure Code of 19 Dec. 2008, in force since 1 Jan. 2011 (AS 2010 1739; BBl 2006 7221).
Art. 12
Repealed by Annex 1 No II 18 of the Civil Procedure Code of 19 Dec. 2008, with effect from 1 Jan. 2011 (AS 2010 1739; BBl 2006 7221).
Section 3 Applicable Law
I. Scope of conflict rules
Art. 13
Reference to a foreign law in this Act includes all the provisions which under that law are applicable to the case. The application of a foreign law is not precluded by the mere fact that a provision is considered to have public law character.
II. Renvoi
Art. 14
1 If the applicable law refers back to Swiss law or to another foreign law, such renvoi shall be taken into account only if this Act so provides. 2 In matters of personal or family status, a renvoi from the foreign law to Swiss law is accepted.
III. Exception clause
Art. 15
1 As an exception, the law referred to by this Act is not applicable if, considering all the circumstances, it is apparent that the case has only a very loose connection with that law and that the case has a much closer connection with another law. 2 This provision does not apply where a choice of law has been made.
IV. Establishing foreign law
Art. 16
1 The content of the foreign law shall be established by the authorities on their own motion. For this purpose, the cooperation of the parties may be requested. In matters involving an economic interest, the task of establishing foreign law may be assigned to the parties. 2 Swiss law applies if the content of the foreign law cannot be established.
V. Reservation of Swiss public policy
Art. 17
The application of provisions of foreign law is excluded if such application leads to a result that is incompatible with Swiss public policy.
VI. Application of mandatory provisions of Swiss l
Art. 18
Mandatory provisions of Swiss law which, by reason of their special purpose, are applicable regardless of the law referred to by this Act are reserved.
VII. Taking into consideration of mandatory provis
Art. 19
1 If interests that are legitimate and clearly preponderant according to the Swiss conception of law so require, a mandatory provision of a law other than the one referred to by this Act may be taken into consideration, provided the situation dealt with has a close connection with that other law. 2 In deciding whether such a provision is to be taken into consideration, consideration shall be given to its purpose and the consequences of its application, in order to reach a decision that is appropriate having regard to the Swiss conception of law.
Section 4 Domicile, Seat and Citizenship
I. Domicile, habitual residence and establishment
Art. 20
1 Within the meaning of this Act, a natural person: a. has their domicile in the state where they reside with the intent of establishing permanent residence; b. has their habitual residence in the state where they live for a certain period of time, even if this period is of limited duration from the outset; c. has their establishment in the state where the centre of their professional or commercial activities is located. 2 No person may have more than one domicile at the same time. If a person does not have a domicile anywhere, the habitual residence is the relevant place. The provisions of the Civil Code relating to domicile and residence do not apply.
Para. 2 — SR 210
II. Seat and establishment of companies and trusts
Art. 21
1 For companies and trusts pursuant to Article 149a, the seat is deemed to be the domicile. 2 The seat of a company is deemed to be located at the place designated in the articles of incorporation or in the articles of association. In the absence of such a designation, the seat is located at the place where the company is administered in fact. 3 The seat of a trust is deemed to be located at the place of administration, as designated in the trust terms in writing or in any other form which permits evidence by text. In the absence of such a designation, the seat is deemed to be located at the place where the trust is administered in fact. 4 The establishment of a company or a trust is located in the state where its seat is located or in any state where one of its branches is located.
Art. 21 — Amended by Art. 2 of the FD of 20 Dec. 2006 on the Approval and Implementation of the Hague Convention on the Law Applicable to Trusts and on their Recognition, in force since 1 July 2007 (AS 2007 2849; BBl 2006 551).
III. Citizenship
Art. 22
The citizenship of a natural person is determined according to the law of the state of the citizenship in question.
IV. Multiple citizenships
Art. 23
1 If a person has one or more foreign citizenships in addition to Swiss citizenship, jurisdiction based on citizenship is determined by reference to Swiss citizenship only. 2 If a person has more than one citizenship, the citizenship of the state with which such person is most closely connected is exclusively relevant in determining the applicable law, unless this Act provides otherwise. 3 If recognition of a foreign decision in Switzerland depends on a person’s citizenship, it is sufficient to take into consideration one of such person’s citizenships.
V. Stateless persons and refugees
Art. 24
1 A person is considered to be stateless when they are recognised as such pursuant to the New York Convention of 28 September 1954 Relating to the Status of Stateless Persons, or when such person’s relationship to their national state is severed to such an extent that their situation is equivalent to that of a stateless person. 2 A person is deemed to be a refugee when they are recognised as such pursuant to the Asylum Act of 5 October 1979. 3 Where this Act applies to stateless persons and to refugees, domicile replaces citizenship.
Para. 1 — SR 0.142.40 Para. 2 — [AS 1980 1718; 1986 2062; 1987 1674; 1990 938, 1587 Art. 3 para. 1; 1994 1634 No I 8.1, 2876; 1995 146 No II 1, 4356; 1997 2372, 2394; 1998 1582. AS 1999 2262 Art. 120 let. a]. Now: FA of 26 June 1998 (SR 142.31).
Section 5 Recognition and Enforcement of Foreign D
I. Recognition
1. Principle
Art. 25
A foreign decision is recognised in Switzerland: a. if the judicial or administrative authorities of the state where the decision was rendered had jurisdiction; b. if the decision is no longer subject to any ordinary appeal or if it is a final decision; and c. if there is no ground for denial under Article 27.
2. Jurisdiction of foreign authorities
Art. 26
Foreign authorities have jurisdiction: a. if jurisdiction derives from a provision of this Act or, in the absence of such a provision, if the defendant was domiciled in the state in which the decision was rendered; b. if, in matters involving an economic interest, the parties submitted to the jurisdiction of the authority that rendered the decision by means of an agreement valid under this Act; c. if, in matters involving an economic interest, the defendant proceeded on the merits without reservation; d. if, in the case of a counterclaim, the authority that rendered the decision had jurisdiction to hear the main claim and if there is a factual connection between the claim and counterclaim.
3. Grounds for non-recognition
Art. 27
1 A foreign decision is not recognized in Switzerland if recognition is manifestly incompatible with Swiss public policy. 2 Recognition of a decision shall also be denied if a party establishes: a. that it did not receive proper notice under either the law of its domicile or that of its habitual residence, unless the party proceeded on the merits without reservation; b. that the decision was rendered in violation of fundamental principles of Swiss procedural law, including the fact that the party concerned was denied the right to be heard; c. that a dispute between the same parties and with respect to the same subject matter has been initiated in Switzerland first or has already been decided there, or that such dispute has previously been decided in a third state, provided the latter decision fulfils the requirements for recognition in Switzerland. 3 Other than that, the foreign decision may not be reviewed on the merits.
II. Enforceability
Art. 28
A decision that is recognised pursuant to Articles 25 to 27 is declared enforceable at the request of the interested party.
III. Procedure
Art. 29
1 The request for recognition or enforcement must be filed with the competent authority of the canton where the foreign decision is relied on. The request must be accompanied: a. by a complete and certified copy of the decision; b. by a statement certifying that no ordinary appeal can be lodged against the decision or that it is final; and c. in case of a default judgment, by an official document establishing that the defaulting party was given proper notice and had the opportunity to present its defence. 2 The party opposing recognition and enforcement has the right to be heard; such party may present their defence. 3 If a foreign decision is relied on with respect to a preliminary issue, the authority seized may itself rule on the recognition.
IV. Court-approved settlements
Art. 30
Articles 25 to 29 apply to court-approved settlements that are deemed equivalent to a court decision in the state where they have been entered.
V. Non-contentious matters
Art. 31
Articles 25 to 29 apply by analogy to the recognition and enforcement of a decision or a legal document issued in non-contentious matters.
VI. Entry in the civil status registers
Art. 32
1 A foreign decision or legal document regarding civil status shall be registered in the Swiss civil status registers if so ordered by the cantonal supervisory authority. 2 The entry is authorised if the requirements set out in Articles 25 to 27 are met. 3 The persons concerned shall first be heard if it is not established that the rights of the parties have been sufficiently respected during the proceedings in the foreign state where the decision was rendered.