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The Swiss Civil Procedure Code has been in force since 1 January 2011. This law applies to the whole of Switzerland. With its entry into force, the organization of procedures no longer falls within the cantonal jurisdiction, only the organization of courts. As a result of the country-wide application of the CPC, not every canton has its own version of this law.
The Civil Procedure Code applies only to civil disputes and not to disputes of a criminal or public law nature.
The CPC is divided into four parts and contains more than 400 articles. The first part deals with general provisions. These include jurisdiction, the conduct of proceedings and the procedural principles of civil proceedings. The second part of the Civil Procedure Code deals with the predominant types of proceedings. These are: the arbitration procedure, the ordinary procedure, the simplified procedure and the summary procedure. Finally, the enforcement of a judgment and the appeals that can be lodged against a judgment are regulated. The third part deals with arbitration standards and the last part deals with transitional provisions.
The Confederation is responsible for the procedure as well as the local jurisdiction. The organization of the arbitration authorities and the organization of the courts fall within the scope of the respective cantonal competence. The cantons are also entrusted with the material field of jurisdiction.
The Confederation nevertheless restricts the competence of the cantons with regard to the organization of their court bodies. This is because the CPC grants cantonal authority for certain action and simultaneously requires cantons to have a joint arbitration authority for: tenancy and lease disputes involving residential and business premises, for matters under the Gender Equality Act. Such such an authority or court body, may have to be established.
Our team of legal experts in St. Gallen, Zurich and Frauenfeld can advise you on questions arising from the Civil Procedure Code.