A test case may be advisable for a group of creditors raising claims against the same opponent. The questions which arise in this connection are not primarily of a civil procedural nature. Rather, it revolves around finding adequate agreements in the individual case, on the one hand among the group members and on the other hand with the opponent (vgl. Bläuer, Rechtsausübung durch Gläubigergruppen, Diss. Univ. Luzern, 2007, 119 ff.).

Plaintiff abroad: Provided that there is no issue regarding jurisdiction and the other conditions are met, an action shall be brought before the Commercial Court if the defendant is registered in the Swiss Commercial Registry and (i) plaintiff is registered in an equivalent foreign registry, or (ii) the non-registered plaintiff chooses the Commercial Court (instead of the ordinary court).

Defendant abroad: Provided that there is no issue regarding jurisdiction and the other conditions are met, an action shall be brought before the Commercial Court (i) if plaintiff is registered in the Swiss Commercial Registry and defendant is registered in an equivalent foreign registry, or (ii) if only defendant is registered in an equivalent foreign registry and plaintiff chooses the Commercial Court (instead of the ordinary court).

Equivalent foreign registries include, according to decisions of the Commercial Court of Zurich, for example the registries of Italy (see Commercial Court of Zurich, HG150130, decision of March 02, 2017, lit. A.a.; Ziff. 1.2.2), Austria (see Commercial Court of Zurich, HG160010, decision of June 10, 2016, Ziff. 2.1, Ziff. 3.2.2), Germany (see Commercial Court of Zurich, HG150029, decision of October 21, 2015, Ziff. 1.3.2), the Netherlands (see Commercial Court of Zurich, HG140235, decision of August 05,2015, Ziff. 1.1, Ziff. 3.3), Poland (see Commercial Court of Zurich, HG130147, decision of October 29, 2014, lit. A.a., Ziff. 1.1.2.2) and the British Virgin Islands (see Commercial Court of Zurich, HG120079, decision of May 27, 2014, Ziff. 1.1.2.2).

Given the conditions are met and the defendant party has filed a corresponding request, the court may order the plaintiff to provide security for party costs of the defendant. The conditions of such security may be met if:
a. plaintiff has no residence or registered office in Switzerland;
b. plaintiff appears to be insolvent, notably if plaintiff has been declared bankrupt or is involved in ongoing composition proceedings or if certificates of unpaid debts have been issued;
c. plaintiff owes costs from prior proceedings; or if
d. for other reasons there seems to be a considerable risk that the party costs (compensation) will not be paid (see Article 99 (1) CPC).