Schweizer Gerichtsstand und anwendbares Recht beim gewerblichen Tausch im internationalen

In international commercial exchanges, the applicable law (and in certain situations, the jurisdiction) cannot be determined unequivocally, as the law partially relies on the characteristic performance of the contract. Since the parties in an exchange typically owe each other two equivalent performances, it is unclear how or if the characteristic performance can even be defined. This paper illustrates, through two concrete examples within the scope of the Lugano Convention and the Private International Law Act, whether the Swiss contracting party of an international commercial exchange contract can be sued by the foreign contracting party in Switzerland, whether the Swiss contracting party can also sue the foreign contracting party in Switzerland, and which law applies in these cases.