瑞士 诉讼服务员
瑞士 流程服务公司
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German, French or Italian (unless seeking voluntary acceptance of service).
If you are looking for an experienced process service firm in Switzerland, you have come to the right place!
In Switzerland, the service of judicial and extrajudicial documents is governed by Swiss procedural law and may also be subject to the rules and requirements of the relevant canton. Because Switzerland has a decentralized legal system, the competent authority, method of service, and applicable procedural requirements may vary depending on where the recipient is located. Understanding these requirements is essential to ensuring that documents are served correctly and that the service is properly documented for use in the underlying proceedings.
For documents originating in Switzerland and being served within Switzerland in civil proceedings, service is generally executed under the framework given in article 138 of the Swiss Civil Procedure Code (CPC). The method of service in Switzerland depends on the type of document being served, the applicable procedural requirements, and the circumstances of the case. Summonses, rulings, and decisions may generally be served by registered mail or another method providing confirmation of receipt, while personal service may be required where specifically directed by the competent court or authority.
For documents originating outside Switzerland and being served in Switzerland, the applicable international treaty requirements must also be considered. Where the Hague Service Convention applies, service is generally carried out in accordance with the law of the requested State, unless a particular method is requested by the applicant and is compatible with Swiss law. The applicable Swiss requirements, including any requirements concerning the form of service and documentation of completion, must therefore be taken into account to ensure that service is properly effected and evidenced.
送达方式
When legal documents originating outside Switzerland need to be served, the method of service must comply with the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters of 1965, where the Convention applies, together with the applicable Swiss Civil Procedure Code.
The principal channel for service under the Hague Service Convention is through the Central Authority of the requested State. In Switzerland, the cantons are responsible for receiving and processing requests for service under Chapter I of the Convention, with the competent cantonal Central Authority determined by the location where service is to take place. Under Article 5, service may be effected in accordance with the method prescribed by the law of Switzerland or, where specifically requested, by a particular method that is compatible with Swiss law.
Where formal service is requested under Article 5(1), the documents must also satisfy Switzerland’s specific language requirements. Switzerland has declared that where the addressee does not voluntarily accept the documents, formal service cannot be effected under Article 5(1) unless the documents are written in, or accompanied by a translation into, the language of the authority addressed—German, French, or Italian, depending on the part of Switzerland in which service is to take place.
This language requirement is an important consideration when arranging service in Switzerland. Article 5(2) states that if the addressee voluntarily accepts the documents, the formal translation requirement does not apply in the same manner; however, if the addressee declines to accept service, the documents must satisfy the applicable language requirement before formal service can be effected.
Under Article 5(1)(b), the applicant may request that documents be served by a particular method, provided that the requested method is not incompatible with the law of Switzerland. The availability of a particular method therefore depends on both the request and the applicable Swiss procedural requirements.
替代的服务方式
Switzerland has declared its opposition to the methods of transmission provided under Article 10 of the Hague Service Convention. Accordingly, the alternative channels contemplated by Article 10—including transmission by postal channels under Article 10(a), and direct transmission through judicial officers, officials, or other competent persons under Articles 10(b) and 10(c)—are not available for serving documents in Switzerland under those provisions. Requests for service in Switzerland should therefore be transmitted through an applicable Convention channel, principally the Central Authority procedure under Article 5, and must comply with the applicable requirements of Swiss.
我们的流程
Documents can be emailed to us at operations@stellarkonsulting.com or posted at our US address at 5101 Santa Monica Blvd Ste 8 PMB1330 Los Angeles, CA 90029 United States, or at our Australian address at Level 6, 607 Bourke Street, Melbourne VIC 3000, Australia. Where timely service is a concern, it is best to just email us the documents. Along with the documents, please include as much detail as you have about the party to be served in as far as it relates to us being swiftly able to locate and serve that party.
您也可以将服务文档的 PDF 版本上传到我们的网站（点击此处开始).
办公地点
美国：
5101 圣莫尼卡大道 8号，邮政信箱 1330
洛杉矶，加利福尼亚州 90029
美国
电话：+ 1 (213) 786 1161
英国：
275 新北路，伊斯灵顿 1896
伦敦 N1 7AA,
英国
电话：+44 (20) 38905643
澳大利亚、新西兰和远东地区：
伯克街607号6楼
澳大利亚维多利亚州墨尔本3000号
电话：+61 2 7259 7299
中东和非洲：
FAMC1732，指南针大楼，Al Shohada Road
AL Hamra工业区-FZ，拉萨尔哈伊马
阿拉伯联合酋长国
电话：+44 (20) 38905643
瑞士’关于海牙公约（1965年11月15日公约）的立场
海牙/正式服务
Many countries are parties to the Hague Service Convention, an international treaty governing the transmission of judicial and extrajudicial documents for service in civil or commercial matters between Contracting States, including Switzerland. Switzerland has designated its cantonal authorities as Central Authorities responsible for receiving and processing requests for service under the Convention. Where a request is transmitted through the Central Authority, the competent Swiss cantonal authority may itself effect service or arrange for service through the appropriate authority or agency in accordance with Swiss law. The method of service will depend on the applicable Swiss and cantonal requirements, as well as any particular method requested under Article 5 that is compatible with Swiss law.
Article 5(2) permits documents to be delivered to an addressee who voluntarily accepts them. Where the addressee does not voluntarily accept the documents, Switzerland’s Article 5(3) language requirement must be satisfied for formal service under Article 5(1). The documents must be written in, or accompanied by a translation into, the applicable official language—German, French, or Italian—depending on the location in Switzerland where service is to take place. Under Article 5(1)(b), the applicant may request that documents be served by a particular method, provided that the requested method is not incompatible with the law of Switzerland. The availability of a particular method therefore depends on both the request and the applicable Swiss procedural requirements.
The time required to execute a request for service in Switzerland may vary depending on the competent cantonal authority, the method of service, and the circumstances of the request. Requests transmitted under the Hague Service Convention may take several weeks or months to process and execute.
Please check with us on the latest status of Switzerland being a signatory to the Hague Service Convention or Hague Evidence Convention.
非正式服务
Switzerland has declared its opposition to the methods of transmission provided under Articles 8 and 10 of the Hague Service Convention. Accordingly, the alternative channels contemplated by Article 10—including transmission of judicial documents by postal channels under Article 10(a), and direct transmission through judicial officers, officials, or other competent persons under Articles 10(b) and 10(c)—are not available for service in Switzerland under those provisions. Requests for service should therefore be transmitted through an applicable channel permitted under the Hague Service Convention and must comply with the applicable requirements of Swiss law.
瑞士’关于1970年3月18日《在民事或商业事项上外国证据的获取公约》的立场
Switzerland is a party to the Hague Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters. The Convention provides mechanisms for obtaining evidence in Switzerland for use in civil or commercial proceedings abroad, including through Letters of Request under Chapter I. Switzerland has designated its cantonal authorities as the Central Authorities responsible for receiving and processing foreign requests under Chapter I.
Switzerland does not have specific “blocking statutes” as such; however, certain provisions of Swiss law may restrict or limit the taking of evidence in Switzerland for use in foreign proceedings. These include provisions protecting Swiss territorial sovereignty, such as Articles 271, 273, and 299 of the Swiss Criminal Code, and the rights of parties and third parties to refuse to provide evidence under the Swiss Code of Civil Procedure. Accordingly, evidence sought in Switzerland should generally be obtained through the applicable procedures under the Hague Evidence Convention and Swiss law.
请求函的传递
Under the Hague Evidence Convention, a judicial authority of one Contracting State may request the competent authority of another Contracting State to obtain evidence or perform another judicial act by means of a Letter of Request. In Switzerland, the cantonal authorities designated under the Convention serve as the Central Authorities responsible for receiving and processing Letters of Request.
Letters of Request must be prepared in accordance with the requirements of the Convention and applicable Swiss requirements. Switzerland requires Letters of Request and any accompanying documents to be written in the language of the authority responsible for executing the request—German, French, or Italian, depending on the canton in which the evidence is to be taken—or accompanied by a translation into the applicable language. Documents confirming execution of the Letter of Request are drawn up in the official language of the requested authority.
A Letter of Request may be used to obtain evidence for use in judicial proceedings that have been commenced or are contemplated. It may also be used to request the performance of another judicial act within the scope of the Convention. It is not intended to obtain evidence that is not intended for use in judicial proceedings. The Convention’s reference to an “other judicial act” does not extend to the service of judicial documents, the enforcement or execution of judgments or orders, or provisional or protective measures.
Execution times for Letters of Request in Switzerland vary depending on the competent cantonal authority and the nature and complexity of the request. While some requests may be completed promptly, others can take several months. The current estimated execution time for Switzerland is up to four months.
Please feel free to have an obligation free discussion with us regarding declarations by Switzerland on various articles of the Hague Conventions.
Translations
For formal service of process under the Hague Service Convention 1965, Switzerland requires that, where the addressee does not voluntarily accept the documents, the documents be drafted in or accompanied by a translation into the language of the Swiss authority responsible for service. Depending on the location of service, the applicable language is German, French, or Italian.
For the Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters of 1970 under Chapter I, Letters of Requests are accepted if written in or translated into the language of the requested authority – French, German or Italian – depending on the region of Switzerland in which they are to be executed.
Always rely on a professional for translating documents 即使一分钟的错误也会对法律的可执行性和案件的及时进展产生重大影响。.
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