Questão jurídica principal
Whether Swiss law governed and the Federal Court had jurisdiction in this cross-border medical malpractice dispute
Decisão extraída
Swiss courts had jurisdiction under the Lugano Convention, and Swiss law applied because the relevant acts and links were centered in Switzerland.
Fundamentação extraída
No choice of forum was shown; the defendant was domiciled in Switzerland and the operations were performed there. Because the surgeries predated the LDIP, earlier conflict rules led to Swiss law as the law of the closest connections.