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Arbitration in Switzerland: The Practitioner's Guide, 2nd edition

Arbitration in Switzerland: The Practitioner's Guide, 2nd edition

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Overview

About the editor:
Dr. Manuel Arroyo is an international arbitration expert and partner at Nater Dallafior (Zurich), which is one of Switzerland's leading dispute resolution firms. He is a full-time arbitration practitioner and has acted in some 100 international commercial arbitrations as counsel or arbitrator. His areas of specialization include oil and gas, pharmaceuticals, sales, transport, infrastructure, construction, engineering, agency, distribution and franchising. In addition to editing this treatise, Dr. Arroyo has authored over 180 pages of legal commentary.

About this book:
Arbitration in Switzerland is the most comprehensive treatise on arbitration in Switzerland. Switzerland has become one of the most popular venues for international arbitrations in the course of the past century. In light of the country’s leading role, an all-encompassing publication on the country’s arbitration law is essential. This incomparable second edition provides an in-depth analysis of the law and practice of international arbitration in Switzerland.

With this second edition, which comprises approximately 1,200 pages more than the first one, the publication has been divided into two volumes: the first volume focusing on Chapter 12 of the Private International Law of Switzerland (PILS) and the Swiss Rules of International Arbitration; the second volume on the ICC Rules, the CAS Rules and the WIPO Rules. These five article-by-article commentaries constitute the bulk of the treatise.

What’s in this book:
Included are such topics as the following (and much more), each covered in a variety of institutional and case-related contexts:

–    conduct of the arbitration;
–    interim measures, including those issued by emergency arbitrators;
–    taking of evidence;
–    parallel proceedings;
–    expedited proceedings;
–    emergency proceedings;
–    default proceedings;
–    multi-party and multi-contract arbitrations;
–    multi-tiered and hybrid arbitration clauses;
–    recognition and enforcement of awards, including grounds for refusal;
–    setting aside of awards; and
–    revision of awards.

This edition includes new chapters on arbitrating M&A disputes, labor disputes, energy disputes, commodity trading and shipping disputes, as well as an entirely new 400-page commentary on the 2014 WIPO Arbitration Rules, including the expedited rules. The commentary on the ICC Rules has been overhauled to cover the changes that were introduced on 1 March 2017, including the introduction of an expedited procedure for small claims, as well as general amendments designed to streamline non-expedited cases and to provide greater transparency to the arbitration process. The other three article-by-article commentaries on the lex arbitri (Chapter 12 PILS), the Swiss Rules and the CAS Rules have been fully updated and expanded, too. New special topics address res judicata, insolvency, default proceedings, bribery and corruption, and third party funding.

How this will help you:
This book draws on Switzerland’s large body of case law on arbitration, which substantially enhances reliability and predictability for parties from abroad. Whether a dispute involves intellectual property, construction, trusts, sports, investment or any of the other problem areas where arbitration promises the best resolution, arbitrators, counsel and the parties they represent will find all the information and guidance they need here. As Switzerland continues to follow developments in international arbitration and takes the needs of arbitration users into consideration, this practical and forward-looking book undoubtedly serves as an indispensable tool for practitioners in an environment of increased competition.

 

Publish Date 01/17/2018
Product Line Kluwer Law International
ISBN 9789041192370
SKU 10057308-0002
Table of Contents

Volume I

Foreword to the Second Edition

Preface

About the Editor

The Authors

Table of Abbreviations

Chapter 1
Introduction

Part I: History of Arbitration

Part II: Domestic Arbitration under the Swiss Code of Civil Procedure

Chapter 2
The Swiss Private International Law (Chapter 12)

Part I: Salient Features and Amenities of Chapter 12 PILS

Part II: Commentary on Chapter 12 PILS

Chapter 3
The Swiss Rules of International Arbitration

Part I: Introduction to the Swiss Rules of International Arbitration

Part II: Commentary on the Swiss Rules

Chapter 4
Ad Hoc Arbitration in Switzerland

Chapter 5
IP & IT Arbitration in Switzerland

Chapter 6
Construction Arbitration in Switzerland

Chapter 7
Investment Arbitration in Switzerland

Chapter 8
Arbitrating M&A Disputes

Chapter 9
Arbitrating Labor Disputes

Chapter 10
Arbitrating Trust Disputes

Chapter 11
Arbitrating Energy Disputes

Chapter 12
Arbitrating Commodity Trading, Shipping and Related Disputes

Chapter 13
Revision of Awards

Chapter 14
Recognition and Enforcement of Awards

Volume II

Chapter 15
The CAS Procedural Rules

Part I: Introduction to the CAS Code

Part II: Commentary on the CAS Procedural Rules

Chapter 16
The WIPO Arbitration and WIPO Expedited Arbitration Rules

Part I: Introduction

Part II: Commentary on the WIPO Arbitration and WIPO Expedited Arbitration Rules

Chapter 17
The ICC Rules of Arbitration

Part I: Introduction to the ICC Rules of Arbitration

Part II: Commentary on the ICC Rules

Chapter 18
Special Topics

Part I: Multi-party Arbitrations

Part II: Confidentiality of Arbitration in Switzerland

Part III: Interim Measures in International Arbitration

Part IV: Costs in International Arbitration

Part V: Saving Time and Costs in Arbitration

Part VI: Third Party Funding in Arbitration

Part VII: Parallel Proceedings and Lis Pendens

Part VIII: Res Judicata in International Arbitration

Part IX: Default Proceedings

Part X: Insolvency and Arbitration

Part XI: Bribery and Corruption in Arbitration

Part XII: Rights and Duties of Arbitrators

Part XIII: Selection and Appointment of Arbitrators

Part XIV: Interpreting and Supplementing the Applicable National Law and the Terms of the Contract by Reference to General Contract Principles

Part XV: Choice of Law Clauses in Arbitration Agreements

Part XVI: Multi-tiered and Hybrid Arbitration Clauses

Part XVII: Penalty Clauses in Arbitration Agreements

Part XVIII: Damages for Breach of Arbitration Agreements

Table of Authorities (Commentaries, Articles and Monographs)

Index

Volumes