Table of contents
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Article summary
Dispute Resolution analysis: The Zurich District Court in a decision of 24 February 2021 refused to apply the Lugano Convention 2007 rationae temporis to a UK decision of the High Court of London made in September 2020 (while the Lugano Convention was still applicable by virtue of the Withdrawal Agreement). Upon request for recognition filed on 18 February 2021, the Zurich District Court concludes, in a short reasoning, that since 1 January 2021, the Lugano Convention 2007 is not applicable anymore to situations involving Switzerland and the UK and must therefore be disregarded as a basis for recognition—irrespective of whether the decision in question was issued before the expiry of the Withdrawal Agreement. As the provisional measure requested in the claim was ultimately granted on a different legal basis, the decision was not appealed against. Written by Rodrigo Rodriguez, professor of Insolvency Law at University of Lucerne (Switzerland).
To continue reading this news article, as well as thousands of others like it, sign in with LexisNexis or register for a free trial