VADIVM.

Type of refusal

Non-delivery with a counterparty in Switzerland

The counterparty in a Swiss non-delivery dispute is usually a company entered in a cantonal commercial register, occasionally a foundation or trust holding the asset instead. Before any procedure begins, its legal form, registered capital and current signatories can be established. The competent authority that would hear a claim is determined by the applicable procedural rules.

Who is actually on the other side

Swiss counterparties in non-delivery disputes are typically limited companies (AG) or limited liability companies (GmbH) recorded in a cantonal commercial register, though a foundation or trust structure sometimes holds the asset instead. The commercial register is public and discloses legal form, registered office, share capital and the individuals with signing authority. It does not disclose beneficial ownership, bank holdings, or the physical location of whatever was supposed to be delivered. General background on the jurisdiction is set out at Switzerland. A registry extract shows that an entity exists on paper. It does not show that the entity still holds anything.

What to secure before the counterparty reacts

Before contacting the counterparty again, preserve the purchase or subscription agreement, payment confirmations, and any written delivery date. Save custody or portal statements before access can be revoked, and screenshot balances if the platform is online. Record the name of every individual who signed on the counterparty's behalf, not only the company name. These steps do not depend on where a claim is eventually filed. The refund and delivery claims service page and a related note on demanding money back when delivery fails on foreign property set out what a case file needs before any formal demand is sent.

Where a judgment would have to be enforced

Switzerland is not a party to the Hague 2019 Judgments Convention. Judgments from EU and EFTA states fall under the Lugano regime instead of Brussels Ia. Document legalisation runs through the Apostille Convention, subject to a reservation under position 6, in force since 11 March 1973. Enforcement mechanics are set out at enforcement to Switzerland, and the UAE route at enforcement from the UAE to Switzerland. How a claim is brought is set by the facts of the case. That sequence is not summarised here. See non-delivery refusals and related insights for wider context. The firm does not work for a result-only fee; its registration can be checked through the public register at how to verify a law firm.

Rafael Otero