(PILA)

1 A for­eign de­cision is not re­cog­nized in Switzer­land if re­cog­ni­tion is mani­festly in­com­pat­ible with Swiss pub­lic policy.

2 Re­cog­ni­tion of a de­cision shall also be denied if a party es­tab­lishes:

a.

that it did not re­ceive prop­er no­tice un­der either the law of its dom­i­cile or that of its ha­bitu­al res­id­ence, un­less the party pro­ceeded on the mer­its without re­ser­va­tion;

b.

that the de­cision was rendered in vi­ol­a­tion of fun­da­ment­al prin­ciples of Swiss pro­ced­ur­al law, in­clud­ing the fact that the party con­cerned was denied the right to be heard;

c.

that a dis­pute between the same parties and with re­spect to the same sub­ject mat­ter has been ini­ti­ated in Switzer­land first or has already been de­cided there, or that such dis­pute has pre­vi­ously been de­cided in a third state, provided the lat­ter de­cision ful­fils the re­quire­ments for re­cog­ni­tion in Switzer­land.

3 Oth­er than that, the for­eign de­cision may not be re­viewed on the mer­its.