Abstract

The rules governing choice of court agreements in Switzerland are spread out over three different legal sources (two codes and one international convention), each of which has a specific scope of application. While all three legal sources hold different provisions regarding formal requirements, limits and effects of choice of court agreements, they do have one thing in common: None of them makes a distinction between optional and exclusive choice of court agreements. Nevertheless, optional choice of court agreements are permitted under Swiss law. In this chapter we analyze the legal sources, requirements, limitations and effects of optional choice of court agreements in Switzerland.

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