Questão jurídica principal
Whether Swiss courts have internal territorial jurisdiction when the parties agreed under the LugÜ to submit disputes to Swiss courts.
Decisão extraída
Yes. The agreed forum clause must be respected, and Swiss law must fill the statutory gap by providing an internal venue for such cases.
Fundamentação extraída
By ratifying the LugÜ, Switzerland accepted the international validity of such forum clauses and must therefore also provide an internal forum. Because Article 1(2) IPRG preserves international treaties, a genuine gap exists that the judge must fill analogously to Article 3 IPRG, guided by the parties' will and the connection of the dispute to the forum; the criterion of reasonableness or ability to litigate abroad is not decisive in this setting.