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Forum running through an action for a negative declaratory judgement is now admissible

May 2018

According to a new Federal Supreme Court decision, securing an advantageous place of jurisdiction in Switzerland (so-called "forum running") in international disputes is a sufficient interest for an action seeking a negative declaratory judgement. This new precedent enables parties domiciled in Switzerland to anticipate foreign proceedings initiated by the counterparty by filing an action for a negative declaratory judgement to drag the case before a court in Switzerland.

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