Recognition of a Judgment of the United States District Court, Southern District of New York, against a Swiss Citizen

Facts

On 16 November 1994, the debt enforcement judge at the Cantonal Court of Zug granted definitive enforcement to A. SA and D. Establishment in the debt collection proceedings against M. R. based on the judgment of the United States District Court, Southern District of New York, dated 25 February 1992. M. R. unsuccessfully appealed this decision to the Judicial Commission of the High Court of the Canton of Zug. M. R. now files a constitutional appeal alleging a violation of Art. 4 Cst. and requests the annulment of the decision of the Judicial Commission and the enforcement order.

Considerations

The Federal Supreme Court dismisses the constitutional appeal. It holds that the validity of a jurisdiction agreement is to be assessed according to Swiss law, as provided for in Art. 26 lit. b PILA. The High Court has interpreted the agreement of 19 May 1986 between the parties in accordance with the principle of good faith and concluded that it contains a valid jurisdiction agreement in favor of the United States District Court, Southern District of New York.

Furthermore, the Federal Supreme Court considers the High Court's view that the…