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Art. 5
IV. Choice of forum 1In matters involving an economic interest, the parties may agree on the court that will have to decide any existing or future dispute arising from a specific legal relationship. The agreement may be done in writing, or by any other means allowing it to be evidenced by text.5 Unless otherwise agreed, the choice of forum is exclusive. 1bis If the parties have merely agreed that the place of jurisdiction is in Switzerland, the jurisdiction of the Swiss courts shall be determined in accordance with the provisions of this Act. If there is no such provision, the court first seised shall have jurisdiction.6 2The choice of forum has no effect if it results in abusively depriving a party from the protection granted to it by a forum provided by Swiss law. 3 ...7 5 Sentence amended by Annex No 1 of the FedD of 22 Dec. 2023 on the Adoption and Implementation of the Hague Convention on Choice of Court Agreements, in force since 1 Jan. 2025 (AS 2024 561; BBl 2023 1460). 6 Inserted by Annex No 1 of the FedD of 22 Dec. 2023 on the Adoption and Implementation of the Hague Convention on Choice of Court Agreements, in force since 1 Jan. 2025 (AS 2024 561; BBl 2023 1460). 7 Repealed by Annex No 2 of the FedD of 22 Dec. 2023 on the Adoption and Implementation of the Hague Convention on Choice of Court Agreements, with effect from 1 Jan. 2025 (AS 2024 561; BBl 2023 1460). |