Switzerland has long enjoyed its strong reputation as a neutral and reliable forum/seat for the resolution of international disputes, particularly in the field of arbitration. However, unlike other jurisdictions, such as Germany, France, the UK or the Netherlands, Switzerland has not yet established specialized international commercial courts that deal with cross-border business disputes in ordinary court proceedings. This has changed with the revision of the Swiss Civil Procedure Code (CPC), which entered into force on the 1 January 2025 (see here for our summary of the key amendments).
The revised CPC introduces the possibility for cantons to establish international commercial courts. The aim is to strengthen Switzerland’s position as a neutral and competent hub for resolving international commercial disputes, while at the same time responding to the growing demand for judicial forums capable of handling complex cross-border cases efficiently. The Canton of Zurich recently announced that it intends to create the “Zurich International Commercial Court” (ZICC).
We summarize below the key characteristics of the soon-to-be-established international commercial courts in Switzerland and what parties wanting to subject their disputes to the jurisdiction of an international commercial court need to consider today.
The legal framework for the new international commercial courts
Since 2012, Switzerland has had a unified Civil Procedure Code. However, it is — to a very large extent — still for the cantons to decide how to organize their court systems. This is due to there being significant cantonal differences, the most important being that some cantons (i.e., Zurich, Berne, St. Gallen and Aargau), have opted to establish specialized commercial courts, whereas others have decided not to offer this option. Nevertheless, Article 129 of the previous Civil Procedure Code required cantons to conduct court proceedings in their official language (i.e., German, French, Italian or Rumantsch). Although cantonal (commercial) courts often showed leniency by not requiring translations of documents originally drafted in English, they were still unable to conduct proceedings in English for disputes of an international nature.
As mentioned, this has changed with the revision of the Swiss Civil Procedure Code, which entered into force on 1 January 2025. Cantons can now establish so-called international commercial courts, which are competent to hear disputes with an international dimension, provided certain conditions are met (cf. Article 6, paragraph 4 of the revised CPC; see details in the next section).
Article 129, paragraph 2 of the revised CPC allows cantons to conduct certain proceedings in English or in another official language of Switzerland at the request of the parties. While appeals to the Swiss Federal Supreme Court, Switzerland’s highest court, could already be filed in English since 1 January 2021, this option was limited to appeals against arbitral awards. Moreover, this exception only applied to submissions by the parties; any decisions adopted by the Swiss Federal Supreme Court had to be drafted in an official language. This changed as of 1 January 2025: now, Article 42 paragraph 1bis of the Federal Supreme Court Act extends the use of the English language for submissions in appeal proceedings to state court proceedings conducted in English at the cantonal level. However, the decisions of the Swiss Federal Supreme Court must still be drafted in an official language.
Lastly, the revised CPC also facilitates the use of electronic means of communication in hearings and procedural acts (see here for our overview of relevant amendments). These revisions create the legal basis for cantons to set up international commercial courts and position Switzerland as a competitive jurisdiction for the resolution of cross-border disputes.
The jurisdiction of international commercial courts
Under the applicable Swiss law, international commercial courts are specialized courts, which may (but do not have to) be established by cantons and exceptionally conduct proceedings in English (if certain conditions are met). The jurisdiction of such courts is limited to specific types of disputes, ensuring that only causes with a sufficiently international and commercial dimension fall within their jurisdiction. According to Article 6, paragraph 4 of the CPC, cantons may declare international commercial courts competent if the following requirements are met:
- The dispute concerns the business activities of at least one of the parties.
- The value of the dispute amounts to at least CHF 100,000.
- The parties expressly agree on the jurisdiction of the international commercial court.
- At the time of this agreement, at least one of the parties has its domicile, habitual residence or registered office abroad.
These conditions reflect the intention to attract genuine international commercial disputes allowing for the establishment of specialized and highly sophisticated courts, while excluding purely domestic cases or minor disputes. A valid jurisdiction agreement between the parties remains a precondition, ensuring respect for party autonomy and predictability of the proceedings. However, the jurisdiction agreement may also be concluded implicitly, such as by appearance (Einlassung/acceptation tacite).
The jurisdiction of the already-existing commercial courts in Zurich, Berne and Aargau remains unchanged and they may decide on purely domestic commercial disputes, though not in proceedings conducted in English. Importantly, however, for the jurisdiction of the “normal” commercial courts, at least one of the parties must be a legal entity. This is not a requirement for the jurisdiction of the international commercial court, which simply requires that the dispute concerns “business activities”of at least one of the parties. Thus, an international commercial court could, for instance, also have jurisdiction over disputes arising out of a shareholders’ agreement concluded by individuals.
Timeline for the establishment of international commercial courts in different cantons
The introduction of international commercial courts represents a major step in strengthening Switzerland’s role as a hub for international dispute resolution. As mentioned, the CPC simply provides for the option to establish international commercial courts. Whether cantons use this opportunity is at their full discretion.
The Canton of Zurich has already announced its intention to establish such a court, positioning itself alongside global financial centers with specialized judicial forums. A draft amendment of the cantonal civil procedure provisions was published in July 2025, but it will still have to be debated and approved by the cantonal parliament. The current draft provides for an integration of the Zurich International Commercial Court in the already-existing commercial court as a separate, specialized chamber. However, the timeline for the establishment of the chamber remains unclear.
The currently existing “normal” Zurich Commercial Court is well known for the comparatively short proceedings and the high settlement rate achieved in commercial disputes. Generally, the Zurich Commercial Court conducts settlement hearings after the first written submissions, which is typically within six to nine months after the initiation of the proceedings. The judges assess the parties’ legal positions and based on their assessment, they moderate settlement discussions. These hearings result in settlements 80–90% of the time.The Zurich International Commercial Court is expected to offer similar advantages. However, whether international commercial courts established in other cantons would follow this approach remains to be seen.
Currently, the cantons of Berne and Geneva have communicated their intentions to establish an international commercial court. In Berne, the implementing legislation to the Swiss Civil Procedure Code has already reached its second reading in parliament, underscoring the strong political momentum and indicating that the establishment of such a court in Berne could be realized in the near future.
As the global demand for efficient, neutral and high-quality dispute resolution continues to grow, the establishment of international commercial courts in Switzerland represents a timely and strategic development. It has the potential to further consolidate Switzerland’s position as leading center for international dispute resolution — not only in arbitration but also in litigation.
Parties wanting to subject their disputes to the jurisdiction of a yet-to-be established international commercial court are well advised to think ahead: as mentioned, the jurisdiction of the international commercial courts is based on consent. Additionally, the conduct of proceedings in English requires the parties’ agreement. While such consent may be agreed at any time, even after a dispute has arisen, ideally parties will already agree on these points beforehand in a jurisdiction agreement/clause.
