Key legal question
Whether Appenzell Ausserrhoden had jurisdiction over the claims against defendants F. and A. under Art. 73(3) BVG.
Extracted holding
Yes. Their domicile in Appenzell Ausserrhoden gave that court jurisdiction; no effective forum clause excluded it.
Extracted reasoning
A jurisdiction clause in the foundation's regulations did not cover liability claims under Art. 52 BVG. The statutory forum in Art. 73(3) BVG remained applicable.