Cross-Border Insolvency

On 16 March 2018, the Swiss Parliament adopted an amendment to the provisions of the Federal Act on Private International Law (PILA) on cross-border insolvency that should allow Switzerland to provide broader, faster and better international cooperation to foreign insolvency office holders.

These provisions will enter into force on 1 January 2019 (publication in the Official Record of Federal Law of 2 October 2018 in German, French and Italian). An unofficial English translation prepared by MBK may be found here.

The debates before the Swiss Parliament: in German, French and Italian.

24 May 2017 dispatch of the Federal Council to Parliament: in German, French and Italian.

The webpage of the Federal Department of Justice and Police dedicated to the project of new cross-border insolvency provisions, together with reports of consultation of interested parties may be found in German, French and Italian.

MBK publications:

Yves Klein, Claire Daams, Antonia Mottironi, Switzerland: Improving Cooperation To Recover Assets In Cross-Border Insolvency Cases, Legal Era, Mumbai, April 2018

Yves Klein, Antonia Mottironi, Switzerland - A new hope? The Swiss Government adopts its Dispatch to the Parliament on an amendment to the provisions governing recognition of foreign insolvencies, Lexology, 22 June 2017