Questão jurídica principal
Whether the Seychellois default judgment could be recognized in Switzerland under LDIP conditions.
Decisão extraída
Recognition was refused because the foreign court's jurisdiction was not validly established and the defendant had not been given enough time to prepare a defense before the hearing.
Fundamentação extraída
Without a treaty, LDIP Art. 25 required foreign jurisdiction, finality, and no refusal ground. The forum clause was not clearly validly accepted, and in any event the summons left only two working days to prepare, which made service irregular under Art. 27 al. 2 let. a LDIP.