Court Costs in Switzerland: What to Expect

Judicial Fees (art. 95-96 CPC)

Filing fee, decision fee, evidence administration costs, notification costs. Set by cantonal regulations based on dispute value (degressive scale). Indicative: for a CHF 50,000 dispute, fees typically CHF 3,000-6,000 in first instance.

Advance Payment (art. 98 CPC)

Court may require the claimant to advance up to the presumed judicial fees. Non-payment: claim not considered (art. 101 para. 3 CPC). Legal aid beneficiaries are exempt.

Party Costs (art. 95 para. 3 CPC)

The compensation the losing party must pay the winner for lawyer fees. Set by court per cantonal tariffs. Generally do not cover full actual lawyer fees; the gap remains with the winning party.

Lawyer Fees

Freely agreed (typically CHF 250-600/hour depending on experience, specialisation and region). Contingency fees (quota litis) are prohibited (art. 12 let. e LLCA), but mixed arrangements (base + success supplement) are permitted.

Cost Allocation (art. 106-107 CPC)

Success principle (art. 106 para. 1 CPC): losing party bears costs. Partial success: proportional allocation (art. 106 para. 2 CPC). Exceptions (art. 107 CPC): family law cases, reasonable settlement offers.

Total Cost Estimate (CHF 100,000 dispute)

Judicial fees: CHF 5,000-12,000. Lawyer fees: CHF 10,000-30,000. Party costs risk if losing: CHF 5,000-15,000. Total potential if losing: CHF 20,000-57,000. These are indicative and vary considerably.