International Arbitration in Switzerland. A Handbook for Practitioners- 2nd Edition
A convenient, neutral location, with a long-standing tradition of arbitration, arbitration-friendly legislation, arbitration-supportive courts, and an exemplary infrastructure – for all of these reasons, parties often choose Switzerland as their preferred seat of arbitration. Switzerland continues to therefore play a leading role in the field of arbitration.
This book, since its first edition in 2004, has been widely used as a peerless practitioners’ guide to international arbitration in Switzerland. Keeping in line with the first edition, this second edition describes in detail each phase of arbitral proceedings, from drafting the arbitration clause to challenge and enforcement of the award. The second edition continues to pay close attention to all aspects, including procedure before the arbitral tribunal, interim measures, confidentiality, the mediation alternative, and many other topics. The new edition has been extensively revised to take fully into account the newly amended Swiss Rules of International Arbitration, as well as numerous changes internationally, such as the revised ICC Rules and the revised UNCITRAL Rules. Many new decisions of the Swiss Federal Tribunal relating to arbitration are also considered, as is legal commentary. The second edition also features a chart comparing major institutional arbitration rules on all aspects of the arbitral process covered by those rules. There are also two entirely new chapters – one on the legislative framework of Swiss arbitration law, and one addressing costs of arbitration.
The approach throughout is rigorously practice-oriented, adding theoretical support whenever necessary. With the help of this book, practitioners will proceed confidently as they approach such tasks as the following:
- drafting an effective arbitration clause and choosing between ad hoc and institutional arbitration;
- understanding the manner in which arbitral proceedings can be structured and evaluating what is best suited to their needs;
- weighing the possibilities of interim relief at their disposal;
- anticipating the duration and costs of proceedings; and
- assessing post-award options.
Whilst focusing on the latest developments in international commercial arbitration, International Arbitration in Switzerland includes sections on sports arbitration (with a focus on the Court of Arbitration for Sport in Lausanne) and on Swiss-based public international law dispute settlement mechanisms, such as those of the WTO and the UNCC.
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List of Abbreviations.
Chapter 1: Legislative Framework, by Elliott Geisinger and Julie Raneda.
Chapter 2: Institutional versus Ad Hoc Arbitration, by Anne Véronique Schlaepfer and Angelina M. Petti.
Chapter 3: The Arbitration Agreement, by Philippe Bärtsch and Angelina M. Petti.
Chapter 4: The Arbitral Tribunal, by Nathalie Voser and Eliane Fischer.
Chapter 5 : The Arbitral Procedure, by Elliott Geisinger and Pierre Ducret.
Chapter 6: Interim Measures, by Georg von Segesser and Christopher Boog .
Chapter 7: Confidentiality, by Alexander Jolles, Sonja Stark-Traber and Maria Canals de Cediel.
Chapter 8: The Law Governing the Merits of the Dispute and Awards ex Aequo et Bono, by Peter Burckhardt and Philipp Groz.
Chapter 9: Costs in Arbitration, by Anne-Carole Cremades and Alexandre Mazuranic.
Chapter 10: Recognition and Enforcement of Arbitral Awards, by Martin Bernet and Philipp Meier.
Chapter 11: Challenge and Revision of the Award, by Elliott Geisinger and Alexandre Mazuranic.
Chapter 12: Swiss and Swiss-based Arbitral Institutions, by Georg von Segesser and Aileen Truttmann.
Chapter 13: Alternative Dispute Resolution, by Manuel Liatowitsch and James U. Menz.
Appendix 1: Checklist for Drafting Arbitration Clauses.
Appendix 2: Translation of Chapter 12 of the Swiss Private International Law Act (‘PILA’).
Appendix 3: Swiss Rules of International Arbitration.
Appendix 4: Internal Rules of the Arbitration Court of the Swiss Chambers’ Arbitration Institution.
Appendix 5: Comparison of Major Arbitration Rules, by Georg von Segesser and Aileen Truttmann.