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5 March 2019

The new Swiss international insolvency law - How does it affect foreign insolvency practitioners?

On 1 January 2019, the revised Section of the Swiss Private International Law Act (PILA) regarding cross-border insolvencies entered into force. The revision became necessary as the previous regulation was criticised in particular for its protectionist elements, which also were a recurring topic in discussions with foreign colleagues and insolvency practitioners. Particularly compared to other European countries, Switzerland had apparent modernisation potential.

The-new-Swiss-international-insolvency-law-froriep

The major points for discussion in recent years were:

  • How can insolvency practitioners of foreign main proceedings access the debtor's assets in Switzerland?
  • How can they pursue claims against debtors in Switzerland?
  • How can assets be transferred to the estate of foreign main proceedings?

We have prepared a PDF for you which gives an overview of the basics of the new international insolvency law in Switzerland.  Our PDF is structured in the following points: 

  1. Recognition requirements
  2. Recognition and ancillary insolvency proceedings
  3. Claw back claims
  4. Critical appraisal

Click on the button below to download the PDF:

Download pdf 

 

 

This blogpost is also available in German: 

Das neue internationale Insolvenzrecht der Schweiz - welche Auswirkungen hat es für ausländische Insolvenzverwalter? 

 

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Photo by Andrew Butler on Unsplash

Topics: Dispute Resolution  Insolvency & Restructuring 

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