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Site contribution
Date: January 2016
Prepared by:
Dr. Christoph M. Pestalozzi
Daniel M. Decurtins
Lustenberger Attorneys at Law
Wiesenstrasse 10
P.O. Box 1073
8032 Zurich
Phone:   +41 44 387 19 00
Fax:   +41 44 387 19 66
E-Mail:   pestalozzi@lustenberger.pro
decurtins@lustenberger.pro
I. Introduction
Business globalization over the past few years has created an ever increasing demand for the settlement of commercial disputes by way of institutionalized arbitral tribunals.
The modern Swiss Rules of International Arbitration 2012 (Swiss Rules) or, e.g., the Rules of Arbitration of the International Chamber of Commerce 2012 (ICC Rules) are specifically designed to meet this demand. They offer tailor-made instruments to settle disputes expeditiously and expertly.
II. Advantages of Arbitration
  • Institutionalized arbitration takes into consideration legal and cultural differences of business partners from Common Law and Civil Law countries, such as rules of evidence.
  • Flexibility regarding the language of the proceedings and the free choice of the seat of the Arbitration Tribunal.
  • Cost effectiveness: clear rules regarding administrative costs and compensation.
  • The Parties may choose arbitrators who are experts in their fields.
  • Contrary to judgments rendered by state courts, arbitration awards are enforceable in all eco-nomically significant states, in particular the U.S.A. and Switzerland, through the "New York Convention".
  • Confidentiality can be agreed among the Parties.
    III. Standard Arbitration Clause suggested by the Swiss Chambers' Arbitration Institution
    "Any dispute, controversy or claim arising out of, or in relation to, this contract, including the validity, invalidity, breach, or termination thereof, shall be resolved by arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Chambers' Arbitration Institution in force on the date on which the Notice of Arbitration is submitted in accordance with these Rules.
    The number of arbitrators shall be ... ("one"," three", "one or three");
    The seat of the arbitration shall be ... (name of city in Switzerland, unless the parties agree on a city in another country);
    The arbitral proceedings shall be conducted in ... (insert desired language)."
    IV. Useful Links
  • Swiss Chambers' Arbitration Institution
  • ICC Arbitration
  • Swiss Arbitration Association (ASA)
  • Swiss Arbitration Academy
  • Swiss International Arbitration Law: Chapter 12 of the Private International Law Act 1987 (official version in German / inofficial translation in English)
  • Swiss Domestic Arbitration Law: Part 3 of the Civil Procedure Code 2008 (official version in German / inofficial translation in English)
  • New York Convention 1958 (official version in German / UNCITRAL version in English)
  • IBA Rules on the Taking of Evidence in International Arbitration 2010
  • Swiss International Arbitration Decisions
  • Finding a suitable arbitration venue in Switzerland
  • Finding Arbitrators with the Swiss Arbitration Association