Category

Security for Costs

Category

In its decision of 6 May 2024, the Swiss Federal Supreme Court (SFSC) clarifies the conditions for a claimant to appeal an interim decision ordering it to provide security for the defendant’s costs due to appearing insolvent or having liquidity problems (case No. 4A_93/2024 [in German]; intended for official publication). The SFSC held that, in this case, a claimant must prove that it is unable to pay this security and thus the legal disadvantage of being…