Decision on the Provision of Security for Costs and Expenses in the Case of a Party Domiciled Abroad

Facts

In this matter, the limited liability company Pimea S. à r. l., domiciled in Oran (Algeria), has filed an appeal with the FTA. The President of the 2nd Civil Division has ordered the appellant party to deposit a security of 300 Swiss francs with the FTA Registry to cover any potential costs that may be awarded to the respondent. This decision is based on Art. 150(2) FJA, which provides for the obligation to provide security for parties domiciled abroad.

The appellant company, domiciled in Algeria, cannot be exempted from this security obligation under the International Convention on Civil Procedure of 17 July 1905 (Arts. 17 and 26) or the Franco-Swiss Convention on Judicial Competence and Enforcement of Judgments of 15 June 1869 (Art. 13).

Considerations

According to the FTA, Art. 150(2) FJA applies to parties domiciled abroad, including legal entities. Neither the 1905 Convention nor the 1869 Convention provide for an exemption from this security obligation based on the party's domicile.

Although Art. 13 of the 1869 Franco-Swiss Convention exempts French nationals from certain fees and security…