Switzerland has just taken a meaningful step toward simplifying cross-border evidence taking in civil and commercial matters. With the amendments to its declaration under the 1970 Hague Evidence Convention and the corresponding changes to the PILA entering into force on 1 January 2026, the country moves toward a more practical and modern cooperation framework, reflecting how international disputes are actually conducted today.
One of the most impactful changes concerns remote witness testimony. Until now, examining a witness located in Switzerland typically required prior approval from the Swiss authorities. Going forward, that hurdle disappears. Foreign courts or parties will be able to conduct videoconference examinations without prior authorisation, provided they notify the Federal Department of Justice by email at least fourteen days in advance. It is a move that recognises the increasing reliance on virtual hearings and streamlines a process that often created unnecessary procedural friction in cross-border disputes.
The reform also addresses voluntary document production. Swiss practice has long allowed cooperation with foreign proceedings in this context, but the absence of explicit statutory language left room for doubt, particularly in light of Article 271 of the Swiss Criminal Code. By formally acknowledging the permissibility of voluntary disclosure in foreign civil proceedings, the legislature reduces uncertainty for companies responding to discovery requests abroad. This flexibility, however, remains subject to other Swiss legal constraints, from criminal secrecy rules to data protection requirements, which continue to operate as important safeguards.
Taken together, these developments point to a more open and efficient approach to international judicial cooperation, while still preserving the core protections embedded in Swiss law. For businesses and counsel handling cross-border litigation, the new regime offers greater clarity and smoother procedural mechanics. It aligns Switzerland with contemporary procedural realities and reinforces its position as a trusted and pragmatic hub for international dispute resolution.
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