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Zurich: Law, Courts, Enforcement and Compliance

Zurich: Law, Courts, Enforcement and Compliance

Law, Courts, Enforcement and Compliance — a part of the book Zurich as an International Financial Centre by Dr Alexander Ressos.

Law, Courts, Enforcement and Compliance

Part I turns to the institutions that give the financial centre legal certainty and to the enforcement risks that accompany it. The trust an international client places in Zurich rests on courts that decide commercial disputes competently and quickly, on arbitration that is recognised worldwide and on prosecutors who pursue economic crime. The same client also meets anti-money-laundering duties, sanctions and requests for international assistance that can reach far into a banking relationship or a family structure.

Chapter I presents the Zurich Commercial Court, the reformed Civil Procedure Code, arbitration seated in Zurich and the enforcement of judgments and awards. Chapter II describes the prosecution of economic crime by the Zurich and federal authorities, corporate criminal liability and the rights of the defence. Chapter III sets out the anti-money-laundering regime as it stands after the transparency reform that enters into force on 1 October 2026. Chapter IV examines Swiss sanctions practice since 2022 and the law of export control. Chapter V deals with mutual legal assistance, administrative assistance in tax matters and the recovery of assets across borders.

Together these chapters describe the legal environment in which every client relationship in Zurich now operates. Part J turns to the technologies that are changing that environment: crypto-assets and Digital Assets, fintech and artificial intelligence.

About the book

This part belongs to Zurich as an International Financial Centre by Dr Alexander Ressos, published here in full, section by section.

Zurich · Law, Courts, Enforcement and Compliance

The Zurich Commercial Court and international dispute resolution — overview and summary

A financial centre is judged by the quality of the institutions that decide its disputes as much as by the size of its banks. Read more
Zurich · Law, Courts, Enforcement and Compliance

A court made for merchants: the origins of the Zurich Handelsgericht

The Zurich Commercial Court was established in 1866. Its hundred-and-fiftieth anniversary in 2016 was marked by a Festschrift edited by Alexander Brunner and Peter Nobel under the title… Read more
Zurich · Law, Courts, Enforcement and Compliance

Composition and working method: professional and commercial judges

The Commercial Court today consists of eight professional judges, members of the Obergericht, and seventy commercial judges who serve part-time alongside their principal occupation. Read more
Zurich · Law, Courts, Enforcement and Compliance

Jurisdiction: Article 6 CPC, the Zurich GOG and a single cantonal instance

Since 1 January 2011 civil procedure in Switzerland has been governed by the federal Civil Procedure Code (CPC, in German Zivilprozessordnung, ZPO), which replaced the twenty-six cantonal codes. Read more
Zurich · Law, Courts, Enforcement and Compliance

The Civil Procedure Code of 2011 and its revision of 2025

Before 2011 a foreign party litigating in Switzerland had to master the procedural law of the canton concerned. Read more
Zurich · Law, Courts, Enforcement and Compliance

English in the courtroom: the Zurich International Commercial Court

The idea of an international commercial chamber in Zurich did not originate with the federal revision. Read more
Zurich · Law, Courts, Enforcement and Compliance

The wider court landscape of Zurich

The Obergericht of the Canton of Zurich is the canton’s highest court in civil and criminal matters. Read more
Zurich · Law, Courts, Enforcement and Compliance

Zurich as a seat of international arbitration

International arbitration in Switzerland is governed by Chapter 12 of the Federal Act on Private International Law (PILA), which entered into force together with the rest of the Act on 1 January… Read more
Zurich · Law, Courts, Enforcement and Compliance

Mediation and ombudsman schemes

Mediation has a secure but modest place in Swiss dispute resolution. The CPC allows the parties to replace conciliation by mediation and permits the court to recommend mediation at any stage of the… Read more
Zurich · Law, Courts, Enforcement and Compliance

Recognition and enforcement of foreign judgments and awards

A judgment obtained abroad is of little value to a creditor unless it can be enforced where the debtor’s assets are. Read more
Zurich · Law, Courts, Enforcement and Compliance

Debt enforcement and attachment: the SchKG as an instrument of recovery

The Federal Act on Debt Enforcement and Bankruptcy (Bundesgesetz über Schuldbetreibung und Konkurs, SchKG, in English DEBA) of 1889 is one of the oldest federal codifications still in force and one… Read more
Zurich · Law, Courts, Enforcement and Compliance

Comparisons: London, Singapore, Frankfurt and Hamburg, Geneva

The Commercial Court of England and Wales is the model against which every international commercial court measures itself. Read more
Zurich · Law, Courts, Enforcement and Compliance

Legacy and outlook

The history of commercial adjudication in Zurich shows a remarkable continuity. The court created in 1866 for the merchants of the canton has survived the unification of substantive law in 1883, the… Read more
Zurich · Law, Courts, Enforcement and Compliance

Prosecution of economic crime in Zurich — overview and summary

On the Güterstrasse, a few minutes on foot from the tracks of Zurich main station, stands the building that houses the Oberstaatsanwaltschaft of the Canton of Zurich together with three specialised… Read more
Zurich · Law, Courts, Enforcement and Compliance

The Swiss Criminal Procedure Code and the prosecution model

Until the end of 2010, criminal procedure in Switzerland was a cantonal matter. Each of the twenty-six cantons had its own code of criminal procedure, while a federal statute governed the proceedings… Read more
Zurich · Law, Courts, Enforcement and Compliance

The prosecution authorities of the Canton of Zurich

The Zurich public prosecution service is part of the cantonal administration and falls under the Directorate of Justice and Home Affairs. Read more
Zurich · Law, Courts, Enforcement and Compliance

Federal jurisdiction

The prosecution of crime in Switzerland is in principle a cantonal task. The Confederation prosecutes only offences that the law expressly assigns to it, such as offences against the state,… Read more
Zurich · Law, Courts, Enforcement and Compliance

The principal offences

Swiss economic criminal law has no single offence of “economic crime”. It relies on the general property offences of the Criminal Code, supplemented by special provisions in financial market… Read more
Zurich · Law, Courts, Enforcement and Compliance

Corporate criminal liability

For most of the twentieth century, Swiss criminal law followed the maxim societas delinquere non potest: only natural persons could commit crimes. Read more
Zurich · Law, Courts, Enforcement and Compliance

Ending proceedings without a full trial

The great majority of criminal cases in Switzerland end with a summary penalty order (Strafbefehl), a written conviction issued by the prosecutor without a trial. Read more
Zurich · Law, Courts, Enforcement and Compliance

Seizure, confiscation and compensatory claims

For the victims of economic crime, the question whether assets can be secured is often more important than the question whether the offender will be convicted. Read more
Zurich · Law, Courts, Enforcement and Compliance

The rights of the defence

Every person accused of an economic offence in Zurich has the right to remain silent, the right to counsel from the first police interview and the right to participate in the taking of evidence. Read more
Zurich · Law, Courts, Enforcement and Compliance

The cross-border dimension

Almost every significant economic crime case in Zurich has a foreign element. The predicate offence may have been committed abroad, the victims may live in another country, the offender may have left… Read more
Zurich · Law, Courts, Enforcement and Compliance

Legacy and outlook

The prosecution of economic crime in Zurich today rests on several layers that were deposited at different times. Read more
Zurich · Law, Courts, Enforcement and Compliance

Anti-money-laundering compliance — overview and summary

Anti-money-laundering law is the part of Swiss financial regulation that touches almost every client relationship in Zurich. Read more
Zurich · Law, Courts, Enforcement and Compliance

The architecture of the Swiss regime

The central statute is the Federal Act of 10 October 1997 on Combating Money Laundering and Terrorist Financing, known in German as the Geldwäschereigesetz (GwG) and in English as the Anti-Money… Read more
Zurich · Law, Courts, Enforcement and Compliance

The persons subject to the Act

Article 2 AMLA distinguishes two groups of financial intermediaries. The first group, listed in paragraph 2, consists of institutions that are financial intermediaries by virtue of their licence:… Read more
Zurich · Law, Courts, Enforcement and Compliance

The due diligence duties

The first duty of every financial intermediary is to verify the identity of the contracting party on the basis of a document with evidential value when establishing a business relationship (Article 3… Read more
Zurich · Law, Courts, Enforcement and Compliance

Reporting suspicions

The reporting duty is the point at which private compliance becomes part of criminal prosecution. Read more
Zurich · Law, Courts, Enforcement and Compliance

Tax offences as predicate offences

For most of its history Swiss money-laundering law drew a sharp distinction between the proceeds of crime and undeclared money. Read more
Zurich · Law, Courts, Enforcement and Compliance

The reform of 2025 and 2026: transparency and advisers

The reform that enters into force on 1 October 2026 answers two weaknesses that the FATF and other observers had identified for years. Read more
Zurich · Law, Courts, Enforcement and Compliance

Switzerland and the FATF

Switzerland has been a member of the FATF since its foundation in 1989 and has adapted its legislation to the cycles of FATF evaluation ever since. Read more
Zurich · Law, Courts, Enforcement and Compliance

Supervisory practice and enforcement

FINMA supervises the anti-money-laundering compliance of the institutions under its direct supervision through audits, on-site reviews, supervisory reviews and, where it finds serious breaches,… Read more
Zurich · Law, Courts, Enforcement and Compliance

Money-laundering typologies in Zurich

The typologies that occupy compliance departments in Zurich follow from the structure of the financial centre. Read more
Zurich · Law, Courts, Enforcement and Compliance

The practitioner’s perspective

In a Zurich bank or asset manager, anti-money-laundering compliance is organised according to the model of the three lines of defence. Read more
Zurich · Law, Courts, Enforcement and Compliance

Legacy and outlook

The Swiss anti-money-laundering regime of 2026 bears the marks of its history. The due diligence agreement of the banks, born after Chiasso in 1977, survives as the CDB 20. Read more
Zurich · Law, Courts, Enforcement and Compliance

Sanctions and export control — overview and summary

Sanctions law has become one of the busiest fields of practice in the Zurich financial centre within a few years. Read more
Zurich · Law, Courts, Enforcement and Compliance

From neutrality to sanctions practice

Swiss neutrality and economic sanctions were long regarded as incompatible. The classical doctrine held that a permanently neutral state should abstain from economic measures directed against one… Read more
Zurich · Law, Courts, Enforcement and Compliance

The Embargo Act and its ordinances

The Federal Act of 22 March 2002 on the Implementation of International Sanctions, known as the Embargo Act (Embargogesetz, EmbG, SR 946.231), is a short statute of eighteen articles. Read more
Zurich · Law, Courts, Enforcement and Compliance

SECO and the institutional architecture

The State Secretariat for Economic Affairs, part of the Federal Department of Economic Affairs, Education and Research, administers the sanctions ordinances. Read more
Zurich · Law, Courts, Enforcement and Compliance

Neutrality and the adoption of EU sanctions

Since the Federal Council is not obliged to follow the European Union, every EU package raises the question whether Switzerland should adopt it, adopt it in part or stay away. Read more
Zurich · Law, Courts, Enforcement and Compliance

The Russia ordinance of 4 March 2022

The measures adopted on 28 February 2022 were first inserted into the old circumvention ordinance of 2014. Read more
Zurich · Law, Courts, Enforcement and Compliance

Ownership, control and the reach of the freeze

The freeze in Article 15 extends to entities owned or controlled by listed persons, although the ordinance does not define ownership or control. Read more
Zurich · Law, Courts, Enforcement and Compliance

Frozen assets and the confiscation debate

The amount of frozen Russian assets has become the most visible measure of Swiss sanctions policy, although it is an imperfect one. SECO publishes the figure at irregular intervals. Read more
Zurich · Law, Courts, Enforcement and Compliance

Enforcement

Enforcement of the Embargo Act lies with SECO under the procedure of the Administrative Criminal Law Act. Read more
Zurich · Law, Courts, Enforcement and Compliance

Extraterritorial sanctions: the United States and the European Union

Swiss law recognises only Swiss sanctions. SECO states that third-country sanctions have in principle no direct effect in Switzerland and that Swiss law offers no protection against them. Read more
Zurich · Law, Courts, Enforcement and Compliance

Export control: the Goods Control Act and dual-use goods

Export control is the older sibling of sanctions law. While sanctions target countries, persons and sectors for political reasons, export control restricts the transfer of goods and technology that… Read more
Zurich · Law, Courts, Enforcement and Compliance

War material: re-export, financing and neutrality

War material in the narrow sense is governed by the Federal Act of 13 December 1996 on War Material (War Material Act, KMG, SR 514.51). Read more
Zurich · Law, Courts, Enforcement and Compliance

Financial services, payment screening and trade finance

For banks and payment service providers, sanctions compliance is above all a data problem. Read more
Zurich · Law, Courts, Enforcement and Compliance

The practitioner’s perspective

Sanctions work in Zurich falls into four broad areas: compliance programmes, licensing and interpretation requests to SECO, criminal and administrative defence, and the tracing and management of… Read more
Zurich · Law, Courts, Enforcement and Compliance

Mutual legal assistance, asset recovery and tax information exchange — overview and summary

A financial centre that holds a large share of the world’s cross-border private wealth will sooner or later be asked where a particular part of that wealth came from. Read more
Zurich · Law, Courts, Enforcement and Compliance

The Mutual Assistance Act and its treaty framework

The Federal Act of 20 March 1981 on International Mutual Assistance in Criminal Matters, cited in German as IRSG, in French as EIMP and in English as IMAC, is the general statute for every form of… Read more
Zurich · Law, Courts, Enforcement and Compliance

Procedure: from Bern to the Zurich prosecutor and back

Requests that do not travel directly between prosecutors reach the Federal Office of Justice, which acts as the central authority. Read more
Zurich · Law, Courts, Enforcement and Compliance

Administrative assistance in tax matters

Until 2009 Switzerland granted administrative assistance in tax matters only to a small number of treaty partners and, in most cases, only in cases of tax fraud. Read more
Zurich · Law, Courts, Enforcement and Compliance

The automatic exchange of financial account information

The automatic exchange of information is described in detail in Part G, which traces its origins in FATCA and in the Common Reporting Standard of the OECD. A brief account suffices here. Read more
Zurich · Law, Courts, Enforcement and Compliance

Asset recovery: the assets of foreign politically exposed persons

Switzerland’s policy on the assets of fallen rulers is described historically in Part F, from the freezing of the Marcos accounts in 1986 to the return of the Abacha funds. Read more
Zurich · Law, Courts, Enforcement and Compliance

Private asset recovery from Zurich

Victims of fraud, liquidators and judgment creditors who suspect assets in Zurich face a legal system that has no equivalent of the English Norwich Pharmacal order, the Bankers Trust order or… Read more
Zurich · Law, Courts, Enforcement and Compliance

Blocking statutes and direct cooperation with foreign authorities

The formal channels described so far exist because Swiss law forbids the informal ones. Read more
Zurich · Law, Courts, Enforcement and Compliance

The practitioner’s perspective

For persons whose accounts in Zurich are the subject of a foreign request, the first step is to understand which channel is being used. Read more
Zurich · Law, Courts, Enforcement and Compliance

Legacy and outlook

The history of cross-border cooperation from Zurich is one of gradual opening under external pressure. Read more