DiKE Zuständigkeit - Erkenntnisse aus der Praxis

The practice of recent years has shown that the preliminary question of where to file a lawsuit or which (arbitral) court has jurisdiction can, under certain circumstances, be contested in Switzerland for years. This may seem surprising at first glance, as jurisdiction is a prerequisite for proceedings that must be examined ex officio. However, upon closer inspection, it becomes clear that jurisdiction is linked to a multitude of contentious issues. This anthology delves into a selection of these issues: from the latest case law regarding subject matter jurisdiction in general and that of commercial courts in particular, the possibility of participating in so-called forum running through negative declaratory actions, to the handling of doubly relevant facts and the competing jurisdictions of state courts among themselves as well as between state courts and arbitral tribunals.