The amendment to the Code of Civil Procedure will enter into force on 1 January 2025

In its decision of 6 September 2023, the Federal Council decided to bring the amendments to the Swiss Code of Civil Procedure (CPC) into force on 1 January 2025. This decision was made after consulting the cantons in order to enable the entire revision to be implemented at the same time. This gives the Confederation, the cantons, the courts and the legal profession sufficient time to prepare. The aim of the revision is to facilitate access to the courts and to strengthen the enforcement of the law. The most important aspects of the revision are explained below.

Legal costs

Until now, plaintiffs have had to pay the entire anticipated court costs as a retainer, which is often a major hurdle. In future, the advance payment will generally be limited to a maximum of half of the expected total amount. This will also make it easier for people who are not eligible for free legal aid to access the courts. However, there are many exceptions, for example in international commercial jurisdiction or in appeal proceedings. The cantons also retain their sovereignty over court cost tariffs, which continues to lead to sometimes considerable cost differences between the cantons.

Liquidation of legal costs

Currently, the advance payments made by the party not liable for costs are offset in full against the court costs. The latter must then (compulsorily) collect the costs from the party liable to pay the costs, whereby it bears the entire collection risk. The retainer is now reimbursed in full to the successful party, which means that the collection risk is transferred to the local authority.

Conciliation procedure

The conciliation procedure will be strengthened by giving the conciliation authority additional competences. In addition, the coordination of proceedings will be simplified and family procedural law will be improved.

International commercial courts

The Confederation will create the conditions for the cantons to set up international commercial courts. These courts can be declared competent if at least one party has its domicile, habitual residence or registered office abroad, the value in dispute is at least CHF 100’000.-, the business activity of at least one party is affected and both parties consent to jurisdiction. This strengthens Switzerland as a centre of jurisdiction in international relations. The international commercial courts will have specialised expertise, with English being permitted as the language of proceedings. However, the Federal Supreme Court will continue to conduct its proceedings in a national language, although it will be possible to submit legal documents in English.

Digital conduct of hearings

In future, courts will be able to use video and, in exceptional cases, telephone conferences in civil proceedings. The Federal Council will regulate the technical requirements as well as data protection and security requirements in an ordinance, the consultation on which was opened on 14 February 2024 and will last until 22 May 2024.

Right to refuse to cooperate for internal legal services

In future, a person may refuse to cooperate and hand over documents in connection with the activities of their in-house legal service if the party is entered in the Swiss commercial register or a comparable foreign register, the legal service is managed by a person admitted to the bar and the activity would be considered professional specialisation for a lawyer. This also applies to in-house lawyers in the context of their work in the company’s internal legal service.

Precautionary measures against media

The requirements for a court order for precautionary measures against media that appear to be illegal are being lowered. The impending infringement no longer must cause “particularly serious harm”, but only “serious harm”. The other requirements remain unchanged.