Susanne Brütsch Associate
Attorney at Law

Videoconferences are nowadays widely used for the examination of parties, witnesses and experts in cross-border civil proceedings. To date, however, in Switzerland the participation in a foreign court hearing by means of a videoconference requires prior authorization by the Swiss authorities. Failing to abide by this requirement is not an option, as this would run afoul the Swiss blocking statute, a criminal offence. To facilitate the voluntary participation in foreign litigation proceedings through electronic means – which is often in the best interest of Swiss-domiciled parties –, the Swiss parliament enacted new provisions on the use of electronic means of communication in cross-border civil proceedings. As of 1 January 2026, it will thus no longer be necessary to obtain prior authorization for participating in a foreign court hearing. A prior notification to the Swiss authorities will suffice, provided certain guidelines are followed. In addition, the new provisions ease the restrictions for the voluntary production of information in aid of foreign civil proceedings.