Facts
Y. filed two attachment requests against [A.] and one against [B.], invoking a promissory note and a guarantee agreement signed by company C. (Saudi Arabia). [A.] and [B.] are associates of company C. and, according to Saudi law, would be jointly and severally liable for the debts of the company.
The deputy judge III of the district of Sierre ordered the attachment of assets belonging to [A.] and B. The Appeals Authority on attachment matters of the Valais Cantonal Court dismissed the requests of the attached parties to order a private expert assessment to establish the falsification of the promissory note and the guarantee agreement, as well as the appeals.
The Federal Tribunal dismissed the appeals that the attached parties had filed against these three rulings.
Considerations
According to case law, in summary proceedings such as opposition to attachment, the means of proof may be limited to those that are immediately available, namely the production of instruments within the meaning of Art. 254 para. 1 CPC. As the attached parties were unable to immediately…