The use of English in Swiss civil Proceedings

This contribution highlights the newly introduced legal basis for conducting proceedings in English.

Conditions for the use of English

Article 129 para. 2 lit. b CPC provides the legal basis for using English as the language of pro-ceedings, subject to the following cumulative conditions:

• A legal basis exists in cantonal law
• All parties request the use of English
• The case pertains to an international commercial dispute under Article 6 para. 4 letter c nCPC and is adjudicated by a commercial or ordinary court (PART 2, JURISDICTION ICC)

The parties may agree in advance in a jurisdiction agreement to use English as the language of proceedings.

Additionally, Art. 251a para. 2 CPC permits the use of English in summary proceedings related to arbitration proceedings (cf. Art. 356 para. 3 CPC), provided the following conditions are met:

• A legal basis exists in cantonal law
• All parties request the use of English
• English is the language used for the arbitration agreement or arbitration clause or as the language of proceedings in the arbitration

Scope of application

The use of English applies to all procedural acts of both the court and the parties, including:

• Written and oral submissions
• Conducting proceedings and hearings
• Decisions and judgments

This is also partially reflected in the revised Art. 42 para. 1bis of the Federal Supreme Court Act, which allows submissions to the Federal Supreme Court to be made in English, provided the proceedings before the lower court were conducted in English. However, unlike the lower courts, the Federal Supreme Court cannot issue judgments in English (Federal Supreme Court Act of June 17, 2005 (as of January 1, 2025)).

State of implementation

The cantons of Zurich and Berne have already started to take the necessary legislative steps to allow the use of English in international commercial disputes in the future:

• §129a E-GOG (Canton of Zurich, draft GOG with explanatory report of September 9, 2024)
• Art. 3 para. 4 and Art. 4 para. 3a E-GSD (Appendix to the Government Council deci-sion of the Canton of Berne, July 3, 2024)

In the Canton of Zurich, the provision is expected to enter into force in 2026 at the earliest. In the Canton of Berne, the Executive Council has yet to decide on the date of entry into force.

However, neither canton is currently planning enacting a provision enabling the use of English in arbitration-related summary proceedings.

Advantages of the use of English

What advantages does the use of English as the language of proceedings offer?

• Facilitates communication between international parties
• Contributes to greater flexibility and time efficiency in proceedings
• Increases Switzerland's attractiveness as a forum for resolving international commer-cial disputes