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Interim Relief in Swiss-Seated and Foreign Arbitrations: Tribunal and Court Powers, Procedure, Available Measures, Security and Enforcement under PILA
PRACTICE NOTES
Interim Relief in Swiss-Seated and Foreign Arbitrations: Tribunal and Court Powers, Procedure, Available Measures, Security and Enforcement under PILA
This Practice Note provides an overview of the interim measures available in support of arbitration proceedings seated in Switzerland. It outlines the remit of arbitral tribunals and Swiss courts, the statutory basis, and the circumstances for granting and enforcing such relief. Chapter 12 of the Swiss Private International Law Act (PILA), updated with effect from 1 January 2021, regulates international arbitrations with a Swiss seat. Under article 183 PILA, unless the parties have agreed to the contrary, a tribunal may, on a party’s application, issue interim or conservatory relief. If a party fails to comply voluntarily, the tribunal or a party may turn to the competent state court for assistance, which will apply its own law. Either body may require suitable security as a condition of the measure. Unless the parties have made a different arrangement, the tribunal may, at a party’s
Arbitration
Non-pecuniary remedies in international arbitration: tribunal powers, applicable law, principal remedies (performance, declarations, formative relief, restitution, injunctions and astreintes) and practical guidance on enforcement and drafting
PRACTICE NOTES
Non-pecuniary remedies in international arbitration: tribunal powers, applicable law, principal remedies (performance, declarations, formative relief, restitution, injunctions and astreintes) and practical guidance on enforcement and drafting
Practice Note International arbitration is still commonly regarded as a forum where parties pursue financial relief, chiefly damages for breaches of contract. Nonetheless, non-pecuniary remedies—long eclipsed by headline-grabbing damages awards from certain tribunals—have been available in at least some legal systems and have drawn growing interest in recent years (Charles H. Brower, Neglected, Perplexing, Unpredictable: Remedies in International Commercial Arbitration, 102 Nebraska Law Review [2024], 490–493). This Practice Note examines the jurisdiction and authority of arbitrators to grant non-pecuniary relief and outlines the principal forms such relief may take. It also touches on issues explored in depth in a 2011 study prepared for the ASA conference ‘Performance as a Remedy—Non-Monetary Relief in International Arbitration’ (Performance as a Remedy: Non-Monetary Relief in International Arbitration (2011), Michael E. Schneider and Joachim Knoll (eds.)), which is cited throughout this Practice Note. The authors express their
Arbitration
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