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The selected types of proceedings, with which civil claims can be enforced, are discussed below. The different types of proceedings are set forth in the CPC. These include ordinary proceedings, simplified proceedings and summary proceedings.
If you need information or have questions about the different types of proceedings established in the CPC, we have attorneys at your disposal in St. Gallen, Zurich and Frauenfeld will gladly advise you further.
The arbitration procedure is mandatory in principle. Specifically, the CPC stipulates that arbitration proceedings must be conducted before the ordinary and the simplified procedure. The arbitration proceedings take place before an arbitration authority, established by the cantons. The CPC also provides for procedural exceptions, in cases where no arbitration proceedings have to be conducted. These include, for example, summary proceedings and divorce proceedings. In certain cases, it is possible for the plaintiff to unilaterally forego the arbitration procedure. If the amount being disputed is at least CHF 100,000.00 and the parties jointly waive the right to an arbitration proceedings, no arbitration proceedings must be conducted either.
In the CPC, the ordinary procedure is laid out in Art. 219 et seq.. The rules on ordinary proceedings are in principle and as far as possible also applied to other types of proceedings (simplified proceedings, summary proceedings, special matrimonial proceedings).
The ordinary procedure is generally used for disputes in which the amount in dispute is at least CHF 30,000. Once the complaint has been received by the court, the proceedings are divided into two phases: the preparatory phase of the hearing and the main hearing itself with the evidence procedure. The proceedings end with a court decision.
A lawsuit can also be handled in a simplified procedure. In such a case, the requirements from the parties are fewer than in the ordinary procedure and hence, the procedure is simpler.
The simplified procedure is used in matters that are socially sensitive. These include, for example, labor law and tenancy law. As with the ordinary procedure, after the initial complaint, the rest of the procedure is divided into two phases: the preparatory phase and the main hearing. This procedure also ends with a court decision.
The summary proceedings are not preceded by a arbitration procedure. In contrast to the ordinary procedure, it is sufficient for the facts of the case to be presented in a credible manner. The summary procedure is used in specific instances, such as cases in which the law provides for this type of procedure or for the proceedings on precautionary measures.