Revocation of the Arrest Warrant against the Republic of Uzbekistan due to Lack of Credible Demonstration of Passive Legitimation

Facts

On 11 February 2008, X. SA obtained an arrest warrant against the Republic of Uzbekistan for a claim of USD 14'441,000.- plus interest. The Republic of Uzbekistan filed an objection to the arrest warrant on 7 June 2010. The Single Judge of the March dismissed the objection to the arrest, whereupon the Republic of Uzbekistan appealed to the Cantonal Court of the Canton of Schwyz. The Cantonal Court upheld the appeal and revoked the arrest warrant.

X. SA filed a civil law appeal to the Federal Supreme Court. The Federal Supreme Court dismissed the appeal, insofar as it entered into the matter.

Considerations

The Federal Supreme Court examined whether the lower instance had rightly denied the credible demonstration of the passive legitimation of the Republic of Uzbekistan. According to the principles on the granting and objection to an arrest, the creditor must credibly demonstrate that his claim exists in the summary proceedings. The legal examination of the existence of the arrest claim is summary, i.e. neither final nor exhaustive.

The Federal Supreme Court concluded that the lower instance had rightly denied the credible demonstration of the passive legitimation of the Republic of Uzbekistan. Based on the documents on Uzbek law submitted by the parties, the lower instance had found that the State-Cooperative Committee Uzselkhozsnabremont is…