Decision of Kantonsgerichts Graubünden dated 29 November 2016 [ZK2 16 54] against the decision of Bezirksgerichts Plessur dated 30 August 2016
Kaiser Odermatt & Partner AG successfully appeals a decision by the first instance court Plessur regarding the exclusive competence of the court at the debtor’s domicile. The Second Instance Court followed the appellants request and determined that an action acc. to art. 83 par. 2 of the Swiss Federal Law on Debt Collection and Bankruptcy (SchKG) allows an agreement of jurisdiction regardless of the fact that the court competence in this case is to be determined on the Swiss Jurisdictional Law (Gerichtsstandsgesetz; GestG) applicable at that time. Art. 1 par. 2 lit. b GestG explicitly stipulates a precedence of the SchKG provisions. Consequently the action was to be dismissed based on lack of territorial jurisdiction.