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Subject: Dispute Resolution
Autor: Daniel Hayek , Mark Meili
Paper: IFLR
23.10.2018

IFLR: New law for the recogntion of foreign insolvency decrees in Switzerland

Daniel Hayek
Mark Meili
IFLR
23.10.2018

In international insolvencies, the insolvency administrator and creditors have to look for assets of the debtor in foreign jurisdictions. To what extent this is possible depends on the local legal framework. Switzerland applies the concept of territoriality according to which foreign bankruptcy decrees need to be formally recognised. Because in practice the strict legal requirements have sometimes made the recognition of a decree difficult, Swiss legislation has now been revised. A new law removes some of the major burdens and will facilitate the recognition of foreign insolvency decrees. The practical implications of this new law will still have to be looked into.