Accords d'élection de for: une révision de l'article 5 LDIP à l'occasion de l'adhésion de la Suisse à la Convention de La Haye de 2005?

Andrea Bonomi

While the Swiss ratification of the 2005 Hague Convention on Choice of Court Agreements certainly deservesapproval, the legislative process engaged to this purpose could be exploited to improve and modernisethe existing regulation of choice of court agreements in the Swiss PIL Act. The Swiss Federal Council wasinitially reluctant, but accepted now to go this way, and proposes some modifications of Article 5 SPILA,concerning notably choice of courts agreements in favour of Swiss courts as a whole, the formal validity ofchoice of court agreements and the abolition of the dismissal of jurisdictions, as provided under Article 5(3)SPILA. All these proposals go in the right direction, but they remain quite cautious. Other uncertainties andgaps of the current regulation could also be removed by establishing a legal framework more uniform andconsistent with the applicable international instruments.