Federal Act
on Private International Law
(PILA)

¹ At the re­quest of the for­eign bank­ruptcy ad­min­is­trat­or, it may be de­cided not to con­duct aux­il­i­ary bank­ruptcy pro­ceed­ings if no claims in the sense of Art­icle 172 para­graph 1 have been filed.

² Where cred­it­ors dom­i­ciled in Switzer­land have filed claims oth­er than those men­tioned in Art­icle 172 para­graph 1, the court may de­cide not to con­duct aux­il­i­ary bank­ruptcy pro­ceed­ings if ap­pro­pri­ate ac­count is taken of these cred­it­ors’ claims in the for­eign pro­ceed­ings. These creditors shall be heard.

³ The court may make its ab­sten­tion sub­ject to con­di­tions and re­quire­ments.

⁴ Where the court de­cides not to con­duct aux­il­i­ary bank­ruptcy pro­ceed­ings, the for­eign bank­ruptcy ad­min­is­trat­or may, sub­ject to Swiss law, ex­er­cise all powers to which he or she is en­titled un­der the law of the state in which the bank­ruptcy pro­ceed­ings were opened; he or she may in par­tic­u­lar trans­fer as­sets abroad and con­duct lit­ig­a­tion. These powers do not in­clude the per­form­ance of sov­er­eign acts, the use of co­er­cive meas­ures or the right to settle dis­putes.