Attornment Agreement Template for Switzerland

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Key Requirements PROMPT example:

Attornment Agreement

"I need an Attornment Agreement for a German investment firm submitting to Swiss court jurisdiction in relation to a CHF 50 million credit facility agreement that will be signed in March 2025, with Canton of Zurich courts having exclusive jurisdiction."

Document background
The Attornment Agreement serves as a crucial legal instrument in international business and financial transactions where parties wish to establish Swiss courts as their forum for dispute resolution. This document becomes particularly relevant in cross-border financing arrangements, international trade agreements, and complex commercial transactions where certainty of jurisdiction is essential. The agreement typically includes detailed provisions about the specific Swiss courts that will have jurisdiction, the scope of that jurisdiction, and how legal processes will be served. Swiss law is often chosen for such agreements due to Switzerland's reputation for legal certainty, neutrality, and sophisticated commercial law framework. The Attornment Agreement helps prevent jurisdictional challenges and provides a clear framework for how and where disputes will be resolved.
Suggested Sections

1. Parties: Identification of all parties entering into the attornment agreement, including their full legal names, registration details, and addresses

2. Background: Context of the attornment agreement, including reference to any underlying agreements or relationships between the parties

3. Definitions: Definitions of key terms used in the agreement, including relevant courts, jurisdictions, and any defined legal concepts

4. Submission to Jurisdiction: Core provision where parties submit to the exclusive or non-exclusive jurisdiction of specified Swiss courts

5. Jurisdiction for Proceedings: Detailed provisions on which courts have jurisdiction over which types of proceedings

6. Service of Process: Provisions regarding how legal documents and notices must be served on the parties

7. Waiver of Objections: Parties' waiver of any objections to the jurisdiction of the specified courts

8. Enforcement: Provisions regarding the enforcement of judgments obtained from the specified courts

9. Severability: Provisions addressing the validity of remaining clauses if any part is found invalid

10. Counterparts: Provisions allowing execution in multiple counterparts

11. Execution: Signature blocks and execution formalities

Optional Sections

1. Multiple Courts Hierarchy: Used when establishing a hierarchy of courts or different courts for different types of proceedings

2. Arbitration Carve-Out: Optional section when certain matters are to be resolved by arbitration rather than courts

3. Agent for Service: Required when any party is not domiciled in Switzerland and needs to appoint a local agent for service

4. Currency Provisions: Needed when specifying the currency for payment of court fees or judgments

5. Language of Proceedings: Required when specifying the official language(s) to be used in court proceedings

6. Reservation of Rights: Optional section preserving certain rights despite the submission to jurisdiction

7. Costs and Fees: Optional section addressing the allocation of court costs and legal fees

Suggested Schedules

1. Party Details Schedule: Required for complex corporate structures or multiple parties, listing full details of all entities

2. Form of Process Agent Appointment: Template document for appointing process agents when required

3. Related Agreements: List of other agreements subject to the attornment provisions

4. Authorized Courts: Detailed list of specific courts and their respective jurisdictions when the structure is complex

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Relevant Industries

Banking

Financial Services

Investment Management

International Trade

Insurance

Corporate Finance

Asset Management

Private Equity

Commercial Real Estate

Commodities Trading

Wealth Management

Corporate Services

Relevant Teams

Legal

Compliance

Risk Management

Corporate Secretariat

Finance

Commercial

Business Development

Credit

Operations

Transaction Management

International Relations

Corporate Governance

Relevant Roles

Legal Counsel

Corporate Lawyer

Compliance Officer

Risk Manager

Transaction Manager

Contract Administrator

General Counsel

Chief Legal Officer

Legal Director

Company Secretary

Finance Director

Commercial Director

Business Development Manager

Relationship Manager

Credit Officer

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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