Commentaries: Art. 167a

A party may refuse to cooperate and to hand over documents in connection with the activities of its in-house legal service if:
1. it is registered as a legal entity in the Swiss Commercial Register or in a comparable foreign register;
2. the legal service is headed by a person who holds a cantonal licence to practise law or who fulfils the professional requirements for practising law in their country of origin; and
3. the activity in question would be considered profession-specific for a lawyer.
A third party may refuse to cooperate and to hand over documents in connection with their activities in an internal legal service subject to the conditions set out in paragraph 1.
The parties and the third parties may file an objection against decisions on the refusal to cooperate in accordance with paragraphs 1 and 2.
The costs of disputes concerning the right of refusal in accordance with paragraphs 1 and 2 shall be borne by the party or third person who invokes it.