VADIVM.

Type of refusal

Non-payment with a counterparty in Switzerland

A non-payment refusal in Switzerland can come from a company, a fund entity, or an individual acting through one. Before anything else, what can be fixed is the counterparty's registered identity, its registered office, and the paper trail behind the payment promise. Which body would hear a claim depends on the contract and the facts; that question is not answered on this page. See non-payment refusals for how this refusal type works generally.

Who is actually on the other side

The counterparty is rarely one person. It may be a Swiss stock corporation (AG), a limited liability company (GmbH), a foundation structure, or an individual who signed on behalf of one of these. A public commercial register entry shows the registered name, legal form, registered office, and who held signing authority at the time it was checked. It does not show whether the entity still holds assets, or whether that signatory's authority is still current. Confirming both takes ongoing checking, not a single lookup. General notes on Switzerland as a jurisdiction cover what else that register does and does not reveal.

What to secure before the counterparty reacts

Before the counterparty is put on notice, gather what fixes the promise to pay: the agreement, payment instructions, and correspondence confirming amount and due date. Add proof the money moved and any corporate documents that identify who signed for the entity. Store copies outside any system the counterparty could restrict your access to.

How the firm handles payment and redemption defaults sets out what a case file needs before a claim is framed. Notes on demanding money back when private debt payments stop cover the same ground in more detail.

Where a judgment would have to be enforced

A judgment only matters where the counterparty holds assets it can reach. Switzerland is not a party to the Hague 2019 Judgments Convention, so that route is unavailable for a judgment obtained abroad. Within relations with EU and EFTA states, Switzerland applies its own convention regime instead of Brussels Ia. Cross-border documents generally move under apostille, subject to a reservation Switzerland has entered. How a claim is actually brought here depends on the case file, not on this page.

Enforcement into Switzerland sets out what that route requires; enforcement from the UAE to Switzerland covers one specific pair, and non-payment as a refusal type gives background. The firm does not work on a result-only fee; its registration can be checked via verifying a law firm.

Ines Baumgartner