In this article, the authors provide practical insights on how to enforce awards against States in Switzerland, highlighting the differences between Swiss, foreign, and ICSID awards. These questions have become particularly relevant in view of the increasing number of States refusing to comply with awards and raising immunity defences to resist enforcement. Furthermore, given the recent rejection by the Swiss Federal Supreme Court of the Achmea and Komstroy EU case law, Switzerland might offer an alternative to investors wishing to enforce intra-EU awards.
This article offers a step-by-step guide to navigating these complex processes, from the pre-award stage to the attachment of the State’s assets, the defences it might raise, and the debt collection proceedings leading to the seizure of the assets.
ASA Bulletin