Originally from the Journal of Enforcement of Arbitration Awards

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I.  INTRODUCTION

When starting arbitration or court proceedings, the claimant inevitably assumes the risk that even if he (she) wins, the defendant, for whatever reason, could have no assets against which the award (court judgment) could be enforced. Leaving aside purely moral satisfaction from the victory, the expenses incurred by the claimant in the process of consideration of the case and, most importantly, all the time and effort spent by him (her) (his (her) attorneys), in such a case may become vain. In order to minimize this risk, even before the claim on the merits is filed, the future claimant may ask a competent court to impose attachment on the defendant’s assets consisting in imposing a ban on the disposal of these assets until the execution of a future award (court judgment). Given the role of Switzerland as one of the world's leading banking centers, the presence in this country of headquarters of many international companies, seats of international sport federations as well as the residence of a large number of wealthy people, it is not surprising that its courts often face such requests. From this perspective, a proper understanding of the conditions and procedure for obtaining attachment of assets under Swiss law becomes a key element of a successful strategy to recover debts from individuals and companies whose assets are located in this State.