Rejection of the application for definitive release based on a foreign arbitral award and a certificate of unpaid debts

Facts

A. was ordered by two arbitral awards rendered in 2002 by the Singapore International Arbitration Centre (SIAC) to pay damages to B. In 2002, A. initiated enforcement proceedings to execute these arbitral awards. After the lifting of the opposition, the proceedings resulted in a certificate of unpaid debts on December 31, 2010. In 2016, A. initiated new enforcement proceedings against B. for the amount stated in the certificate of unpaid debts and requested definitive release. The cantonal court and the higher court of the canton of Zug rejected this request, considering that the claim was time-barred under Singaporean law.

Considerations

The Federal Tribunal upholds the appeal. It considers that the 20-year limitation period provided for in Art. 149a para. 1 DEBA applies also to claims established in a certificate of…