The Swiss blocking statute (Art. 271 CP) presents a number of challenges for parties involved in foreign proceedings that intersect with Switzerland, particularly when those proceedings occur in legal systems where service and the taking of evidence are typically handled by the parties themselves, rather than by public authorities.

While many of these challenges can be addressed pragmatically with careful consideration, they may also give rise to real conflicts of law, which could force the parties to make difficult decisions.

In this discussion, we will outline the key pitfalls and potential solutions, incorporating practical examples drawn from our own experience and suggestions from the audience.